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

Melissa Cato filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following influenza and Prevnar vaccinations received on November 13, 2021. She further alleged that her injury persisted for longer than six months.

Respondent denied that Petitioner sustained a SIRVA Table injury, denied that her shoulder injury was caused-in-fact by the vaccines, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The stipulation stated that the influenza and Prevnar vaccines were administered in the left arm. The parties agreed to settle the issues between them, and the court adopted the stipulation as its decision awarding damages.

Melissa Cato was awarded a lump sum of $60,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

The case was resolved via stipulation, and the court entered judgment in accordance with the decision.