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

Mary Duncan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 18, 2016.

Ms. Duncan further alleged that her injury's residual effects lasted for more than six months and that she had not received compensation for her alleged vaccine-caused injury.

The case was assigned to the Special Processing Unit. On May 8, 2018, the respondent filed a Rule 4(c) report conceding that Ms.

Duncan was entitled to compensation. The respondent determined that her alleged injury was consistent with SIRVA caused by the influenza vaccination and that she had satisfied all legal prerequisites for compensation under the Vaccine Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 9, 2018, finding Ms. Duncan entitled to compensation.

Subsequently, on August 24, 2018, the parties submitted a proffer on the award of damages. The respondent proposed an award of $127,333.06, consisting of $2,333.06 for past unreimbursable expenses and $125,000.00 for actual and projected pain and suffering.

The proffer stated that Ms. Duncan agreed with this proposed award.

Chief Special Master Dorsey issued a decision on August 27, 2018, awarding Ms. Duncan the stipulated lump sum of $127,333.06, payable by check to Mary Duncan.

This amount represented compensation for all damages available under § 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

The decision was signed by Chief Special Master Nora Beth Dorsey.