Elaine Ross v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Elaine Ross filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 22, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms.

Ross was entitled to compensation. The respondent concluded that her injury was consistent with SIRVA and caused by the flu vaccination, and that there were no other identified causes.

Ms. Ross's medical records demonstrated residuals of her condition for more than six months.

Based on the respondent's concession and the evidence, the court found Ms. Ross entitled to compensation for her left SIRVA and its related sequelae.

Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms. Ross should be awarded $185,000.00, which Ms.

Ross agreed with. The court awarded Ms.

Ross a lump sum payment of $185,000.00 as compensation for all damages available under the Vaccine Act.