Sharon G. Ortagus v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Sharon G. Ortagus 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 13, 2015.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that she suffered SIRVA causally related to the flu vaccine and met the statutory requirement of suffering the condition for more than six months.

Based on this concession and the evidence, the court issued a ruling on entitlement. Subsequently, the parties addressed the amount of compensation.

Respondent filed a proffer on award of compensation, proposing an award of $165,500.00, which petitioner agreed to. The court found that petitioner was entitled to this award, representing all elements of compensation available under the Vaccine Act.

The court awarded Sharon G. Ortagus a lump sum payment of $165,500.00.