Nicole Carion v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Nicole Carion filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 25, 2016. She alleged that her injury caused residual effects for more than six months and that she had never received compensation for it.

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

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement finding Nicole Carion entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation.

The proffer indicated that Nicole Carion should be awarded $64,294.70, which included $62,500.00 for actual and projected pain and suffering and $1,794.70 for past unreimbursable expenses. The proffer stated that Nicole Carion agreed with this proffered award.

The Chief Special Master issued a decision awarding Nicole Carion a lump sum payment of $64,294.70.