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

Derhyl Middleton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 27, 2016. The petition was filed on December 14, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation, concluding that petitioner suffered a Table injury of SIRVA. Based on the respondent's concession and the evidence of record, the Chief Special Master found petitioner entitled to compensation.

Subsequently, on January 28, 2019, the respondent filed a proffer on award of damages, proposing an award of $60,381.17, which included $60,000.00 for pain and suffering and $381.17 for past unreimbursable expenses. The petitioner agreed with this proffered award.

The decision dated March 5, 2019, awarded the petitioner a lump sum payment of $60,381.17, representing compensation for all damages available under the Act.