Susan J. Swanson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

On July 13, 2016, Susan J. Swanson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 23, 2014.

The case was assigned to the Special Processing Unit. On November 9, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA, caused by the flu vaccination, and that no other cause was identified.

The respondent also agreed that petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 10, 2016, finding petitioner entitled to compensation.

Subsequently, on February 7, 2017, the parties submitted a proffer on award of compensation. The respondent proffered that petitioner should be awarded $55,620.00, representing all elements of compensation available under the Vaccine Act, and petitioner agreed.

Chief Special Master Dorsey issued a decision on July 28, 2017, awarding petitioner a lump sum payment of $55,620.00, payable by check to Susan J. Swanson, as compensation for all damages.

Petitioner was noted to be a competent adult. Douglas Lee Burdette represented the petitioner, and Alice Isabel Legat Tayman and Traci R.

Patton represented the respondent. Chief Special Master Nora Beth Dorsey presided over the case.