Donna T. Hyatt v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Donna T. Hyatt filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of her September 14, 2015 influenza vaccination.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hyatt suffered a Table injury of SIRVA within the Table time period and that there was no preponderance of medical evidence indicating an unrelated cause.

The respondent also agreed that Ms. Hyatt met the statutory severity requirement, having experienced sequelae of her injury for more than six months, and satisfied all other legal prerequisites for compensation.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding Ms. Hyatt entitled to compensation.

Subsequently, on May 14, 2018, the respondent filed an amended proffer on award of compensation. On May 15, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer.

Ms. Hyatt received a total award of $81,085.82.

This award included a lump sum payment of $80,000.00 for pain and suffering, payable to Ms. Hyatt, and a lump sum payment of $1,085.82 to satisfy a State of South Carolina Medicaid lien, payable jointly to Ms.

Hyatt and Equian, LLC. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Voris Edward Johnson of the U.S.

Department of Justice. Ms.

Hyatt is a competent adult.