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

Ruth Major filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2015, alleging that an influenza vaccine administered on January 4, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2016, conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine received on January 4, 2015.

The respondent further agreed that the petitioner met the statutory requirements for entitlement to compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2016, finding the petitioner entitled to compensation.

Subsequently, on April 12, 2016, the parties submitted a proffer for the award of compensation. The respondent's Rule 4(c) report and proffer indicated that the petitioner should be awarded $71,000.00 and that the petitioner agreed with this proffered award.

Chief Special Master Dorsey issued a decision on September 22, 2016, awarding Ruth Major a lump sum payment of $71,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. The public decision does not describe the petitioner's specific onset, symptoms, medical tests, treatments, or any named experts.

The attorneys involved were Carol L. Gallagher for the petitioner and Ann Donohue Martin for the respondent.