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

Nicole Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left arm on August 29, 2016. The respondent conceded that her claim met the Table criteria for SIRVA, noting no prior shoulder issues, onset of pain within 48 hours, and pain limited to the injected shoulder.

The respondent also confirmed the petition was timely filed, the vaccine was received in the United States, and the injury met the six-month severity requirement. Based on the respondent's concession and the evidence, the court found Nicole Marshall entitled to compensation.

Subsequently, a decision awarding damages was issued, based on a proffer agreed to by both parties. Nicole Marshall was awarded a total of $95,470.95, comprising $90,000.00 for pain and suffering (reduced to net present value) and $5,470.95 for past unreimbursable expenses.