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

Juanita Fishbaugh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2021. She further alleged that the residual effects of her injury lasted for more than six months.

Respondent denied that Ms. Fishbaugh sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

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 Ms.

Fishbaugh a total of $45,000. This amount included $42,343.16 as a lump sum payable to her and $2,656.84 to reimburse a Medicaid lien for services rendered by the State of Washington.

These payments represent compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.