Emily McIntosh v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Emily McIntosh filed a petition for compensation under the National Vaccine Injury Compensation Program on February 7, 2018, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 20, 2015. The respondent conceded that the petitioner's claim met the Table criteria for SIRVA, noting that she had no prior history of shoulder issues, experienced onset of pain within 48 hours of vaccination, and her symptoms were limited to the affected shoulder.

The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the petitioner met the statutory severity requirement. On February 7, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation.

Subsequently, on April 24, 2019, a decision awarding damages was issued. The parties stipulated to an award of $120,593.99, comprising $117,500.00 for pain and suffering and $3,093.99 for unreimbursed expenses and lost wages.