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

Tenaya Banko filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2015, alleging that she received a seasonal influenza vaccine in her left arm on October 4, 2012. She subsequently suffered a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation. On April 25, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation based on the respondent's concession.

Subsequently, on May 4, 2016, a decision awarding damages was issued. The parties agreed to a proffer on award of compensation, stipulating that petitioner should be awarded $45,000.00.

Chief Special Master Dorsey awarded Tenaya Banko a lump sum payment of $45,000.00, payable by check, representing all damages available under the Act. Petitioner was represented by Tara Cristin O’Mahoney of the Law Offices of Chicago-Kent College of Law, and the respondent was represented by Julia Wernett McInerny of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.