Sharyn Synnestvedt v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Sharyn Synnestvedt filed a petition on February 22, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccination received on October 20, 2014, caused her to suffer shoulder injuries.

The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on February 19, 2016, conceding that Ms.

Synnestvedt was entitled to compensation. The respondent concluded that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine administered on or about October 20, 2014.

The respondent did not identify any other causes for the injury and noted that the medical records showed the injury persisted for more than six months. Based on this concession and the existing record, the respondent determined that the petitioner met all legal requirements for compensation under the Act.

The respondent proffered an award of $85,221.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this proffered award.

Chief Special Master Nora Beth Dorsey reviewed the case and, in view of the respondent's concession and the evidence, found that the petitioner was entitled to compensation. The Chief Special Master awarded Sharyn Synnestvedt a lump sum payment of $85,221.00, payable by check to the petitioner, as compensation for all damages.

The decision noted that should the petitioner die prior to the entry of judgment, the parties reserved the right to move the Court for appropriate relief, with the respondent opposing any award for future medical expenses, future pain and suffering, and future lost wages. The clerk of the court was directed to enter judgment in accordance with this decision.