Diana L. Mitchell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Diana L. Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her November 14, 2014 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA).

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner's claim met the Table criteria for SIRVA, noting no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the injection shoulder.

Respondent also confirmed the case was timely filed, the vaccine was received in the United States, and petitioner met the statutory severity requirement. In view of respondent's position and the evidence, the Chief Special Master found petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, proposing $76,000.00 for pain and suffering and $211.76 for past unreimbursable expenses, totaling $76,211.76.

Petitioner agreed with this proffered award. The court awarded Diana L.

Mitchell a lump sum payment of $76,211.76, representing compensation for all damages available under the Act.