Maria Elmakky v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Maria Elmakky, an adult, received an influenza vaccine in her left shoulder on November 30, 2016. She subsequently developed a shoulder injury related to vaccine administration (SIRVA).

The case was filed on December 26, 2017. Respondent conceded entitlement to compensation, acknowledging that Petitioner suffered a SIRVA as defined by the Vaccine Injury Table and experienced residual effects for more than six months.

The parties were unable to agree on damages, leading to a hearing on October 29, 2021. Petitioner sought compensation for past pain and suffering, past lost wages, and unreimbursed expenses, including a Medicaid lien.

Respondent initially contested the duration of the injury but later conceded that treatments following September 2018 were SIRVA-related. The court awarded Petitioner $241,539.71, comprising $205,000.00 for past pain and suffering, $27,524.00 for past lost wages, $8,682.51 for unreimbursed expenses, and $333.20 to satisfy a Medicaid lien.

Compensation for future pain and suffering was denied as Petitioner did not establish a permanent disability or other extenuating circumstances.