Jessica Ott v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)

Jessica Ott filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2018, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 3, 2019, conceding that Ms.

Ott's claim met the Table criteria for SIRVA and satisfied the statutory severity requirement. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 14, 2019, finding that Ms.

Ott was entitled to compensation based on the respondent's concession. Subsequently, on November 7, 2019, Ms.

Ott and the respondent filed a joint stipulation for damages. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages on November 8, 2019. The court awarded Jessica Ott a lump sum of $90,000.00, payable by check to Petitioner, as compensation for all items of damages available under the Vaccine Act.

This award represents a full and complete negotiated settlement of liability and damages claimed under the program. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and the respondent was represented by Claudia Barnes Gangi of the U.S.

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