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

Donna Callaway filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her left shoulder as a result of an influenza vaccination administered on October 31, 2015. The case was assigned to the Special Processing Unit.

On October 29, 2018, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 30, 2018, finding petitioner entitled to compensation.

Subsequently, on April 30, 2019, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $108,089.46 and that petitioner agreed with this amount. On August 7, 2019, Chief Special Master Dorsey issued a decision awarding damages, granting petitioner a lump sum payment of $108,089.46, payable by check to Donna Callaway.

This amount was stated to represent compensation for all available damages. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Jeffrey T.

Sprague of the U.S. Department of Justice.

The decision was unpublished.