Mary Daniels v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Mary Daniels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) caused by the flu vaccine she received on December 3, 2012. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that the alleged injury was consistent with SIRVA and was caused by the influenza vaccine. Respondent also agreed that the injury lasted for more than six months and was not due to unrelated factors.

Based on respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, respondent filed a proffer on award of compensation, proposing an award of $108,003.08.

Petitioner agreed to this proposed award, which represented compensation for all damages available under the Vaccine Act. The Chief Special Master awarded petitioner a lump sum payment of $108,003.08.

Petitioner is also entitled to reasonable attorneys' fees and litigation costs, to be determined at a later date.