Dolores Millican v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2019)

Dolores Millican filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on September 20, 2016, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation.

The respondent's Rule 4(c) report confirmed that Ms. Millican's claim met the Table criteria for SIRVA, noting that she experienced pain and reduced range of motion within 48 hours of vaccination, limited to the injection shoulder, with no prior history of shoulder issues.

The respondent also agreed that her condition persisted for more than six months, establishing a presumption of vaccine causation. A ruling on entitlement was issued on June 19, 2018, finding Ms.

Millican entitled to compensation. Subsequently, on November 27, 2018, the respondent filed a proffer on award of compensation, recommending a total award of $42,892.24.

This amount included $42,500.00 for pain and suffering and $392.24 for out-of-pocket expenses, representing all elements of compensation available under the Vaccine Act. Ms.

Millican agreed with this proffered award. The Chief Special Master issued a decision awarding damages on January 15, 2019, granting the lump sum payment of $42,892.24 to Dolores Millican.