Christine Ann Birch v. HHS - Influenza, left shoulder injury (2018)

Christine Ann Birch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2017, alleging a left shoulder injury following her influenza vaccination on November 18, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2018, conceding that Ms.

Birch's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent noted that Ms.

Birch had no prior history of shoulder pain, inflammation, or dysfunction that would explain her symptoms, that she experienced the onset of pain within 48 hours of the vaccination, and that her pain and reduced range of motion were limited to the injected shoulder. The respondent also agreed that the case was timely filed, that Ms.

Birch suffered residual effects for more than six months, and that entitlement to compensation was appropriate 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 July 5, 2018, finding Ms.

Birch entitled to compensation. Subsequently, on August 14, 2018, the respondent filed a Proffer on Award of Compensation, agreeing to an award of $100,000.00 for pain and suffering, which Ms.

Birch accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on October 23, 2018, granting Ms.

Birch a lump sum payment of $100,000.00 for pain and suffering. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent represented by Christine Mary Becer of the U.S. Department of Justice.