Nancy Brock v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Nancy Brock filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of influenza and pneumococcal conjugate vaccines received on October 8, 2015. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Ms. Brock was entitled to compensation, stating her medical course was consistent with SIRVA as defined on the Vaccine Injury Table.

Respondent confirmed that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. Ms.

Brock was found to have satisfied all legal prerequisites for compensation, including residual effects lasting more than six months. Subsequently, a ruling on entitlement was issued on April 2, 2019, finding her entitled to compensation.

On December 3, 2019, the parties submitted a proffer on award of compensation, agreeing that Ms. Brock should be awarded $125,000.00.

This amount represents all elements of compensation available under the Act, including past and future pain and suffering. The court issued a decision awarding Ms.

Brock a lump sum payment of $125,000.00.