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

JoAnn Savage filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016, alleging she suffered shoulder injuries as a result of an influenza vaccine received on September 1, 2015. The case was assigned to the Special Processing Unit.

On October 7, 2016, the respondent filed a Rule 4(c) Report conceding that petitioner was entitled to compensation. The respondent stated that the evidence established that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccination.

The respondent also noted that no other causes for the SIRVA were identified and that all statutory and jurisdictional requirements were met, including the condition having persisted for more than six months. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 11, 2016, finding JoAnn Savage entitled to compensation.

Subsequently, the parties stipulated to damages. On December 11, 2017, Chief Special Master Dorsey issued a decision awarding JoAnn Savage a lump sum payment of $60,000.00, payable by check to petitioner, for all damages available under the Vaccine Act.

The decision noted that the proffer of award was included in the Rule 4(c) Report, which contained confidential medical information. Petitioner was represented by John R.

Howie, Jr. of Howie Law, P.C., and respondent was represented by Althea W. Davis of the U.S.

Department of Justice.