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

Niki Delson 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 vaccination on September 8, 2015. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent agreed that petitioner's injury was consistent with SIRVA, that it was caused by the flu vaccine, that no other cause was found, and that petitioner suffered sequelae for more than six months.

Based on the respondent's concession and the evidence, the court found petitioner entitled to compensation. Subsequently, on January 30, 2017, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $106,518.62, which represented all elements of compensation available under the Vaccine Act.

Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Niki Delson a lump sum payment of $106,518.62.