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

Marion Kitty filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury as a result of receiving an influenza vaccine on October 2, 2015. The respondent, the Secretary of Health and Human Services, conceded that the petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine.

The respondent further agreed that the petitioner had satisfied all legal prerequisites for compensation. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Marion Kitty entitled to compensation.

Subsequently, the parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $100,450.87. The court awarded this amount, representing compensation for all damages available under the Act.