Karen Garrett v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Karen Garrett filed a petition for compensation on July 25, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2015. The case was assigned to the Special Processing Unit.

On November 10, 2016, the respondent filed a Rule 4(c) Report conceding that Ms. Garrett was entitled to compensation.

The respondent stated that the evidence established that Ms. Garrett's injury was consistent with SIRVA and that all statutory and jurisdictional requirements were met, including the condition having persisted for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement finding Ms. Garrett entitled to compensation.

Subsequently, on December 9, 2016, the respondent filed a proffer on award of compensation, proposing an award of $98,000.00, which petitioner agreed to. On April 20, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding Karen Garrett a lump sum payment of $98,000.00, payable by check to Ms.

Garrett. This amount accounted for all elements of compensation under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Michael G. McLaren of Black, McLaren, et al., and respondent was represented by Adriana R.

Teitel of the U.S. Department of Justice.