Melissa Wagner v. HHS - Influenza, left shoulder synovitis and adhesive capsulitis (2016)

Melissa Wagner filed a petition alleging that she suffered left shoulder synovitis and adhesive capsulitis caused by her October 16, 2014, influenza vaccination. The case was assigned to the Special Processing Unit.

Respondent conceded that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was not due to unrelated factors. Respondent concluded that the injury was compensable as a "caused-in-fact" injury.

The respondent also agreed that the claim was timely filed, involved a vaccine covered by the Vaccine Injury Table, and that petitioner received her vaccination in the United States and suffered from her injury for more than six months. Petitioner averred that she had not received prior compensation for her injuries.

On August 8, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. Subsequently, on September 8, 2016, respondent filed a proffer on award of compensation, recommending an award of $122,500.00, which petitioner agreed to.

The court awarded Melissa Wagner a lump sum payment of $122,500.00, representing compensation for all damages available under the Act.