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

Tonya Bohatch 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 an influenza vaccination she received on September 13, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Bohatch was entitled to compensation. The respondent specifically believed her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation.

Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent recommended an award of $50,000.00, representing all elements of compensation available under the Act, and Ms.

Bohatch agreed with this proffered amount. The court awarded Ms.

Bohatch a lump sum payment of $50,000.00.