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

Laura Carson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2017, alleging that her October 14, 2016 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 27, 2018, conceding that petitioner's claim met the Table criteria for SIRVA.

The respondent agreed that petitioner had no prior history of shoulder issues, experienced the onset of pain within 48 hours of vaccination, and that her pain and reduced range of motion were limited to the injection site shoulder. The respondent further stated there was no other condition or abnormality present that would explain petitioner's symptoms and that there was not a preponderance of evidence that the injury was due to factors unrelated to the vaccine.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 2, 2018, finding petitioner entitled to compensation. Subsequently, the parties reached a stipulation for damages.

On December 12, 2018, Chief Special Master Dorsey issued a decision awarding Laura Carson a total of $61,061.30. This award comprised $60,000.00 for pain and suffering and $1,061.30 for past unreimbursable medical expenses, to be paid as a lump sum check to petitioner.

Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ann Donohue Martin.