Joan Witkowski v. HHS - Influenza, right sided bursitis and a focal, partial thickness tear in the posterior supraspinatus tendon at the distal bursal surface (2017)

Joan Witkowski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right-sided bursitis and a tear in her supraspinatus tendon caused by an influenza vaccination she received on October 22, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Witkowski's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), that it was caused by the flu vaccination, and that no other causes were identified. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms.

Witkowski entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $75,000.00.

Ms. Witkowski agreed with this proffered award.

The Chief Special Master issued a decision awarding Ms. Witkowski $75,000.00 as compensation for all damages available under the Act.