Mary Perry v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Mary Perry filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 2, 2016. The respondent, represented by Christine Mary Becer of the U.S.

Department of Justice, conceded that Ms. Perry's claim met the Table criteria for SIRVA and satisfied the statutory severity requirement of suffering residual effects for more than six months.

On April 30, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Perry entitled to compensation.

Subsequently, on August 30, 2019, the respondent filed a proffer recommending an award of $50,053.96 for pain and suffering and unreimbursed expenses, plus $2,446.70 to satisfy a Pennsylvania Medicaid lien. The petitioner, represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, agreed to this award. On November 18, 2019, Chief Special Master Dorsey issued a decision awarding Ms.

Perry a total of $52,500.56 in compensation. This amount included a lump sum payment of $2,446.70, payable jointly to Ms.

Perry and the Department of Human Services to satisfy the Pennsylvania Medicaid lien, and a lump sum payment of $50,053.96, payable to Ms. Perry, comprising $50,000.00 for pain and suffering and $53.96 for unreimbursed expenses.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The theory of causation is based on the respondent's concession that the claim met the Table criteria for SIRVA.