Diane Scott v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Diane Scott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 18, 2013. The Office of Special Masters issued a ruling on entitlement on January 11, 2018, finding Ms.

Scott entitled to compensation for SIRVA. The ruling detailed that Ms.

Scott experienced immediate left shoulder pain after the vaccination, which was diagnosed as tendonitis and later adhesive capsulitis. Despite gaps in treatment due to financial limitations and family priorities, the evidence supported a finding of a SIRVA injury with residual effects lasting more than six months.

The court found that the vaccination was a substantial factor in causing the injury, satisfying the Althen prongs for an off-Table claim. On July 16, 2018, respondent filed a proffer agreeing to an award of $70,000.00.

On October 17, 2018, the Chief Special Master awarded Ms. Scott a lump sum payment of $70,000.00 in compensation.