Teresa Shuart v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Teresa Shuart filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2016, alleging that an influenza vaccine received on September 24, 2015, caused her to suffer a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

On November 14, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine administered on September 24, 2015. The respondent also agreed that no other causes for the injury were identified and that the SIRVA and its sequela persisted for more than six months after vaccination.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 15, 2016, finding Teresa Shuart entitled to compensation. Subsequently, on September 8, 2017, the respondent filed a Proffer on Award of Compensation, proposing an award of $125,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).

The petitioner agreed with this proffered award. On February 8, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Teresa Shuart a lump sum payment of $125,000.00, in the form of a check payable to her, as compensation for all damages.

Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.