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

Maxine Ward filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccination in her right shoulder on September 1, 2015, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Ward's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccination. The respondent further agreed that Ms.

Ward had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms.

Ward entitled to compensation. Subsequently, in a damages decision based on a proffer, the court awarded Ms.

Ward a lump sum payment of $130,000.00. This amount represents compensation for all damages available under the Vaccine Act.

The case was filed on November 15, 2016, and the final decision awarding damages was issued on March 2, 2017.