Ellyson Ostrovsky v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)

Ellyson Ostrovsky, an adult, received a seasonal influenza vaccine on October 18, 2012. She subsequently filed a petition alleging 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 evidence established petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent also noted that no other causes were identified and that the injury had sequelae for more than six months.

Based on this concession and the record, the Chief Special Master found Ellyson Ostrovsky entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.

The respondent recommended an award of $50,422.27, representing all elements of compensation available under the Vaccine Act, which petitioner agreed to. The Chief Special Master awarded Ellyson Ostrovsky a lump sum payment of $50,422.27.