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

Linda Commesso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 20, 2013. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Commesso's injury was consistent with SIRVA and was caused by the flu vaccine. The respondent also confirmed that no other causes were identified and that the injury's effects lasted for more than six months.

Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Commesso entitled to compensation.

Subsequently, the parties submitted a proffer on award of compensation. The respondent recommended an award of $175,755.24, which Ms.

Commesso agreed to. This amount was intended to cover all elements of compensation available under the Vaccine Act.

The court awarded Ms. Commesso a lump sum payment of $175,755.24.