Marilyn Witbrodt v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)

On November 7, 2014, Marilyn Witbrodt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on September 30, 2013. The case was assigned to the Special Processing Unit.

On March 18, 2015, the respondent filed a Rule 4(c) report conceding that compensation was appropriate. The respondent concluded that Ms.

Witbrodt suffered from SIRVA, a non-Table injury, and that the medical evidence indicated the injury was causally related to the flu vaccination. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 19, 2015, finding Ms.

Witbrodt entitled to compensation. Subsequently, on March 25, 2015, the respondent filed a proffer on award of compensation, proposing an award of $115,000.00, representing all elements of compensation.

The petitioner, a competent adult, agreed to this amount. Chief Special Master Vowell issued a decision on March 25, 2015, awarding Ms.

Witbrodt a lump sum payment of $115,000.00, payable by check to petitioner. This amount represented all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Alison Haskins, Esq., of Maglio Christopher and Toale, PA. Respondent was represented by Linda Renzi, Esq., of the U.S.

Department of Justice.