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

Odolphine Nored filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2015, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 21, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 1, 2016, conceding that Ms.

Nored's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent also stated that no other causes for the SIRVA were identified and that the records showed the injury had persisted for more than six months.

Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2016, finding Ms. Nored entitled to compensation.

Subsequently, on April 11, 2016, the respondent filed a proffer on award of compensation, stating that Ms. Nored should be awarded $105,283.27, representing all elements of compensation to which she would be entitled under the Act.

The petitioner agreed with this proffered award. On April 12, 2016, Chief Special Master Dorsey issued a decision awarding Ms.

Nored a lump sum payment of $105,283.27, payable to her. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.