Abby Dux v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Abby Dux filed a petition for compensation on November 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on October 10, 2014. The respondent, represented by Douglas Ross of the U.S.

Department of Justice, conceded that petitioner suffered left-side adhesive capsulitis causally related to the flu vaccination and satisfied all legal prerequisites for compensation. On March 15, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Abby Dux entitled to compensation.

Subsequently, on October 17, 2017, the respondent filed a proffer on award of compensation, proposing a total of $81,240.10. This amount included $68,000.00 for pain and suffering, $7,500.00 for future expenses, $544.45 for past expenses, and $5,195.65 for lost earnings.

Petitioner, represented by Ronald Homer of Conway, Homer, P.C., agreed with the proffered award. On May 15, 2018, Chief Special Master Nora Beth Dorsey awarded Abby Dux a lump sum payment of $81,240.10, payable by check to petitioner.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The theory of causation was based on the respondent's concession of a SIRVA causally related to the vaccination.