Kelly Carter v. HHS - Influenza, shoulder pain and right arm pain consistent with SIRVA (2016)

Kelly Carter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed severe pain in her right shoulder and right arm caused by an influenza vaccination she received on November 4, 2014. The respondent, the Secretary of Health and Human Services, conceded that petitioner was entitled to compensation, agreeing that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA).

The respondent further confirmed that Ms. Carter met the statutory requirements, having suffered the condition for more than six months and satisfied all legal prerequisites.

The case proceeded as a Table claim, as SIRVA is a recognized vaccine injury. Subsequently, the parties reached a stipulation for damages.

On August 5, 2016, the Chief Special Master issued a decision awarding Kelly Carter a lump sum payment of $80,000.00. This award represents compensation for all damages available under the Vaccine Act for her vaccine-related injury.