Sally Jo Delpha v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Sally Jo Delpha filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her receipt of an influenza vaccine on October 3, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, reviewed the medical records and conceded that petitioner was entitled to compensation.

The respondent agreed that the claim met the Table criteria for SIRVA and that petitioner was entitled to a presumption of vaccine causation. A ruling on entitlement was issued on August 1, 2018, finding petitioner entitled to compensation.

Subsequently, on July 25, 2019, the respondent filed a proffer on award of compensation, recommending an award of $143,061.79. This amount included $130,000.00 for pain and suffering, $12,616.77 for lost wages, and $445.02 for out-of-pocket expenses.

Petitioner agreed with the proffered award, and the Chief Special Master awarded the lump sum payment. The case was treated as a Table injury claim, and the outcome was compensated.