Monica Portee v. HHS - Influenza, right shoulder injury (2019)

Monica Portee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury caused in fact by the influenza vaccination she received on October 8, 2015. The case was initially processed by the Special Processing Unit.

After settlement negotiations reached an impasse, the parties agreed that respondent would file a Rule 4(c) report outlining objections, and petitioner would then file a motion for a ruling on the record. Respondent argued that petitioner had not established she received the vaccination in her right arm and had not provided sufficient evidence to support her Shoulder Injury Related to Vaccine Administration (SIRVA) claim, particularly regarding the timing of symptom onset.

Petitioner asserted that she received the vaccine in her right arm and experienced pain and difficulty with movement within 48 hours of vaccination. The Chief Special Master found preponderant evidence that petitioner received the vaccination in her right arm and that her pain onset occurred within 48 hours of vaccination.

Although limited range of motion onset occurred later, the court determined that only pain needed to manifest within 48 hours for a SIRVA claim. The court took judicial notice that SIRVA is now on the Vaccine Injury Table and found that petitioner satisfied the three prongs of the Althen test for causation-in-fact, establishing that the influenza vaccine caused her shoulder injury.

Petitioner was found entitled to compensation. Subsequently, on September 3, 2019, respondent filed a proffer on award of compensation, stating that petitioner should be awarded $115,906.59, which petitioner agreed to.

The court awarded this lump sum amount to Monica Portee.