Tracy Butler v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2016)

Tracy Butler filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Butler was entitled to compensation. The respondent's Rule 4(c) report stated that Ms.

Butler experienced SIRVA within 48 hours of the flu vaccine and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement had been met.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Butler entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $144,419.62, which Ms.

Butler agreed to. The court awarded Ms.

Butler a lump sum payment of $144,419.62, representing compensation for all available damages.