Mary M. Hubbell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Mary M. Hubbell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2015.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 21, 2018, conceding that Ms. Hubbell's alleged injury was consistent with SIRVA and that she met all legal prerequisites for compensation under the Vaccine Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 14, 2018, finding Ms. Hubbell entitled to compensation.

Subsequently, on June 25, 2018, the parties filed a proffer on the award of damages. On September 26, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer.

The parties stipulated to a total award of $140,121.82. This amount included $125,000.00 for actual and projected pain and suffering, $10,736.80 for unreimbursable expenses, and $4,385.02 for lost earnings.

The award was to be paid as a lump sum check to Ms. Hubbell, who was a competent adult.

Petitioner was represented by Kathy Ann Lee of Cline, Farrell, Christie & Lee, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The case proceeded as a Table claim, and Ms.

Hubbell was compensated for her SIRVA.