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

Amber McAteer filed a petition on February 8, 2017, alleging that she received an influenza vaccine on October 1, 2014, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 21, 2017, stating that they did not contest that Ms.

McAteer was entitled to compensation. The respondent acknowledged that her alleged injury was consistent with a SIRVA caused by the administration of the flu vaccine, identified no other causes for the condition, and noted that Ms.

McAteer's condition persisted for over six months. Based on this, the respondent concluded that Ms.

McAteer's left shoulder injury was a "caused-in-fact" injury compensable under the National Vaccine Injury Compensation Program. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 21, 2017, finding Ms.

McAteer entitled to compensation. Subsequently, on January 11, 2018, the parties filed a stipulation and proffer for damages.

The respondent proffered an award of $104,350.44, consisting of $102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses. Ms.

McAteer agreed with this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on April 24, 2018, awarding Ms.

McAteer a lump sum payment of $104,350.44, payable by check to Amber McAteer, as compensation for all damages available under the Act. Petitioner's counsel was Lawrence R.

Cohan of Anapol Weiss, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice.