Melissa L. Will v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Melissa L. Will filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on September 26, 2013.

The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and was caused by the flu vaccine.

Respondent also agreed that no other cause was identified, that the injury caused sequelae for more than six months, and that petitioner met all legal prerequisites for compensation. Based on this concession, a ruling on entitlement was issued finding petitioner entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00, which petitioner agreed to. The court awarded Melissa L.

Will a lump sum payment of $125,000.00, representing compensation for all damages available under the Vaccine Act.