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

Deborah Forbes filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on October 4, 2016. She alleged the injury occurred in the United States, that its residual effects lasted more than six months, and that she had not previously received compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Forbes was entitled to compensation.

The respondent specifically stated that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on March 16, 2018, finding Ms.

Forbes entitled to compensation. Subsequently, on July 2, 2019, the respondent filed a proffer on award of compensation, proposing an award of $159,581.87, which included $150,000.00 for pain and suffering and $9,581.87 for unreimbursed medical expenses.

Ms. Forbes agreed with this proffered award.

The Chief Special Master issued a decision awarding Ms. Forbes a lump sum payment of $159,581.87 on October 17, 2019.