Rosemarie Ward v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Rosemarie Ward filed a petition for compensation under the National Vaccine Injury Compensation Program on February 29, 2016, alleging that she suffered injuries caused in fact by an influenza vaccination she received on November 22, 2013. The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) report on December 8, 2016, conceding that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA). The respondent agreed that the claim satisfied the Althen requirements and legal prerequisites for compensation, and that the alleged injury was caused-in-fact by the vaccination.

The respondent also agreed that the petitioner had met the statutory requirements by suffering residual effects of her injury for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 8, 2016, finding Ms.

Ward entitled to compensation. Subsequently, on April 19, 2017, Chief Special Master Dorsey issued a decision awarding damages.

The respondent had proffered an award of $60,000.00, which the petitioner agreed to. The decision stated that the petitioner was awarded a lump sum payment of $60,000.00, payable to Rosemarie Ward, representing compensation for all damages available under § 300aa-15(a).

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Jennifer Reynaud of the U.S. Department of Justice.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the medical expert witnesses involved in this case.