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

Diane Gibson 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 vaccine on January 14, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Gibson was entitled to compensation. The respondent's Rule 4(c) report stated that the evidence established that the injury to Ms.

Gibson's left shoulder was caused by the flu vaccine, that the injury was not due to unrelated factors, and that she had suffered the sequelae of her injury for more than six months. The respondent also agreed that Ms.

Gibson had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 27, 2016, finding her entitled to compensation.

Subsequently, on May 16, 2017, a decision awarding damages was issued. Based on a proffer that indicated Ms.

Gibson agreed with the proposed award, the court awarded her a lump sum payment of $80,000.00, representing compensation for all available damages.