Gail Dirksen v. HHS - Influenza, left shoulder injury (2018)

Gail Dirksen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her November 7, 2013 influenza vaccination. The case was assigned to the Special Processing Unit, and the undersigned issued a Ruling on Entitlement finding petitioner entitled to compensation for Shoulder Injury Related to Vaccine Administration (SIRVA).

The respondent initially recommended against compensation, arguing insufficient evidence of causation due to delayed medical attention and lack of description of the vaccine-injury relationship. However, after a fact hearing and consideration of medical records and testimony, entitlement was granted.

The parties later stipulated to past unreimbursable medical expenses of $1,784.56. After further briefing and consideration of prior SIRVA awards, the court awarded Gail Dirksen a total of $86,784.56, comprising $85,000.00 for past pain and suffering and the stipulated medical expenses.

No award was made for future pain and suffering, future medical expenses, or lost wages.