Katherine Duke v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Katherine Duke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her October 30, 2015 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that her injury was consistent with SIRVA as defined on the Vaccine Injury Table.

The respondent noted that Ms. Duke had no prior history of shoulder pain, that pain occurred within 48 hours after the vaccination, was limited to the shoulder of administration, and no other condition explained the pain.

Furthermore, she suffered residual effects for more than six months. A ruling on entitlement was issued on December 20, 2018, finding her entitled to compensation.

Subsequently, on April 29, 2019, the respondent filed a proffer on award of compensation, proposing $94,128.62. This amount included $90,000.00 for pain and suffering, $1,129.01 for past lost wages, and $2,999.61 for unreimbursed out-of-pocket medical expenses.

The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on August 7, 2019, in the total amount of $94,128.62, payable to Katherine Duke, who was noted to be a competent adult.