Mary Jane de la Pena v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Mary Jane De La Pena filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 23, 2018, conceding that petitioner was entitled to compensation.

The respondent concluded that the alleged injury was consistent with SIRVA caused by the influenza vaccine administered on September 22, 2016, and that petitioner had met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 23, 2018, finding petitioner entitled to compensation.

Subsequently, on April 23, 2018, the respondent filed a proffer on the award of compensation. The proffer stated that the petitioner should be awarded $100,000.00 for past and future pain and suffering, and that the petitioner agreed with this proffered award.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. On August 22, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding Mary Jane De La Pena a lump sum payment of $100,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Debra A.

Filteau Begley of the U.S. Department of Justice.