Alma Rivera v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Alma Rivera filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2017, alleging that she received an influenza vaccination on October 13, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on November 19, 2018, conceding that Ms.

Rivera's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.

On November 20, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Rivera entitled to compensation.

Subsequently, on June 5, 2019, the parties submitted a proffer on damages. The respondent proffered an award of $55,510.00, which included $55,000.00 for pain and suffering and $510.00 for unreimbursable expenses.

Ms. Rivera agreed with this proffered award.

Chief Special Master Dorsey issued a decision on September 4, 2019, awarding Ms. Rivera a lump sum payment of $55,510.00, comprised of $55,000.00 for pain and suffering and $510.00 for unreimbursable expenses.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.