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

Christina Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 6, 2014. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Marshall was entitled to compensation, agreeing that her injury was consistent with SIRVA and met the requirements of the Althen standard for causation-in-fact. The respondent also agreed that Ms.

Marshall had satisfied the legal prerequisites for compensation, including suffering residual effects for more than six months. Following the ruling on entitlement, the parties submitted a proffer on award of compensation.

The respondent recommended an award of $111,462.21, which represented all elements of compensation available under the Act, and Ms. Marshall agreed with this amount.

The court awarded Ms. Marshall a lump sum payment of $111,462.21, payable to her directly, as compensation for all damages.