Pamela Flaggs v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Pamela Flaggs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 3, 2021. She stated the vaccine was given in the United States, that her injury had residual effects for more than six months, and that there had been no prior award or settlement for this condition.

Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the flu vaccine caused her shoulder injury, and denied that the flu vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Pamela Flaggs a lump sum of $22,500.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The stipulation also noted that Petitioner received a COVID-19 vaccine on October 16, 2021, but this was not part of the current claim, as COVID-19 vaccines are not on the Vaccine Injury Table. The parties agreed that the award would be in full settlement of liability and damages, and Petitioner released the United States and the Secretary of Health and Human Services from further claims related to the September 3, 2021 vaccination.