Rosemary Morgan-Lee v. HHS - Hib, shoulder injury related to vaccine administration (SIRVA) (2019)

Rosemary Morgan-Lee filed a petition for compensation on October 31, 2017, alleging that she received a Haemophilus B Conjugate (HIB) vaccination on December 31, 2016, and subsequently suffered immediate acute pain in her right shoulder. The case was assigned to the Special Processing Unit.

Respondent conceded entitlement, stating that petitioner's medical course was consistent with a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table. Petitioner had no recent history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain.

Respondent agreed that petitioner suffered residual effects for more than six months, satisfying the Act's prerequisites. A ruling on entitlement was issued on September 28, 2018.

On May 7, 2019, respondent filed a proffer on award of compensation, indicating petitioner should be awarded $108,028.31, comprised of $105,000.00 for pain and suffering, $2,054.54 for unreimbursable out-of-pocket expenses, and $973.77 for a Medicaid lien. Petitioner agreed with the proffered award, and the court awarded the compensation.