Frances Thomas v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Frances Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 25, 2019. She stated that the vaccine was administered in the United States, her condition persisted for more than six months, and she had not received prior compensation or filed a civil action for her injuries.

Respondent denied that petitioner sustained a Table SIRVA within the timeframe, denied the vaccine was administered in her left upper extremity, and denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master adopted the stipulation as the decision awarding damages. Frances Thomas was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.