Lori Clark v. HHS - Influenza, left shoulder injury (2018)

Lori Clark filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury caused by her September 26, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Clark is entitled to compensation. The respondent opined that her alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the vaccination.

The respondent also confirmed that no other cause for the injury was identified and that all legal prerequisites for compensation had been met. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms.

Clark entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent had filed a proffer indicating that Ms. Clark should be awarded $117,078.12, and Ms.

Clark agreed with this proffered award. The court awarded Ms.

Clark a lump sum payment of $117,078.12, representing compensation for all damages available under the Vaccine Act.