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

Gail Boteler filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on October 29, 2014. The petition stated that the vaccination was received in the United States and that the residual effects of the injury lasted for more than six months.

The case was assigned to the Special Processing Unit. On March 3, 2016, the respondent filed a Rule 4(c) report and Proffer on Damages, conceding that the case was appropriate for compensation.

Specifically, the respondent agreed that the petitioner's alleged injury was consistent with SIRVA, that the SIRVA was caused-in-fact by the flu vaccination received on October 29, 2014, that no other causes for the SIRVA were identified, and that the statutory six-month sequela requirement had been satisfied. The respondent also proffered that, based on the evidence of record, the petitioner should be awarded $112,500.00, representing all elements of compensation available under the statute, and stated that the petitioner agreed with this proffered award.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found the petitioner entitled to compensation. The Chief Special Master awarded the petitioner a lump sum payment of $112,500.00, payable to Gail Boteler, representing compensation for all damages available under § 15(a).

Judgment was to be entered accordingly. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP.

Respondent's counsel was Ryan Pyles of the U.S. Department of Justice.