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

Teresa Fowler filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent filed a Rule 4(c) report on January 29, 2018, conceding that Ms.

Fowler was entitled to compensation. The respondent concluded that her claim met the criteria for SIRVA and that she was entitled to a presumption of causation.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 30, 2018, finding Ms. Fowler entitled to compensation.

Subsequently, on August 22, 2018, the respondent filed a Proffer on Award of Compensation. The proffer recommended an award of $131,556.79, consisting of $127,500.00 for pain and suffering and $4,056.79 for past unreimbursable expenses.

The petitioner agreed with this proffered award. On October 23, 2018, Chief Special Master Dorsey issued a decision awarding Teresa Fowler the lump sum of $131,556.79, payable by check to her.

This award represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Justine Elizabeth Walters of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.