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

Teresa Swango filed a petition on September 23, 2016, alleging that an influenza vaccine administered on October 25, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on October 19, 2017, stating that he did not contest entitlement.

The respondent concluded that Ms. Swango's medical course was consistent with SIRVA and that it was caused-in-fact by the flu vaccine.

The respondent also noted that her injury persisted for more than six months. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey found Ms.

Swango entitled to compensation. Subsequently, on October 19, 2017, the Chief Special Master issued a decision awarding Ms.

Swango $131,325.00 as a lump sum payment, representing compensation for all damages available under the Vaccine Act. The award was to be paid by check to Teresa Swango.

Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and respondent was represented by Adriana R.

Teitel of the U.S. Department of Justice.

The decision was issued on February 23, 2018.