Jennifer Schwiebert v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Schwiebert filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2022, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 8, 2021. She further alleged that she experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. Schwiebert sustained a SIRVA as defined by the Vaccine Injury Table, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for settlement. The stipulation stated that a decision should be entered awarding compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Ms. Schwiebert was awarded a lump sum of $42,573.88, representing compensation for all damages available under the Vaccine Act.
This award was for all items of damages, and the case was settled on these terms.