Jennifer Gastelum v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Jennifer Gastelum 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 September 28, 2022. She claimed residual symptoms for more than six months.

The respondent conceded entitlement, stating her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, she had no prior shoulder issues, pain occurred within 48 hours post-vaccination, and symptoms were limited to the injection site shoulder, with no other identified cause.

The respondent agreed that she met all legal prerequisites for compensation. Based on the respondent's concession and the record, entitlement to compensation was granted.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $55,000.00 for pain and suffering, which the petitioner agreed to.

This amount represents all elements of compensation to which she is entitled. The court awarded Jennifer Gastelum a lump sum payment of $55,000.00 in pain and suffering.