Christine Avery v. HHS - Influenza, shoulder injury related to vaccine administration (2024)

Christine Avery filed a petition for vaccine compensation on July 16, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 22, 2021. She further alleged that the residual effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Avery 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 Chief Special Master adopted the stipulation as the decision, awarding Ms.

Avery a lump sum of $32,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The parties agreed that this stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act, except for potential future awards for attorneys' fees and litigation costs.