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

Gisella Vargas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 12, 2022. Her symptoms persisted for more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent agreed that Vargas met all legal prerequisites for compensation.

A ruling on entitlement was issued on March 26, 2024, finding her entitled to compensation. Subsequently, on May 9, 2024, a decision awarding damages was issued.

The parties stipulated to an award of $65,000.00 for pain and suffering, which Vargas, as a competent adult, agreed to. This amount represents compensation for all damages available under the Act.