Raine Learn v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Raine Learn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 17, 2016. Initially, the Respondent recommended that entitlement be denied, asserting that Petitioner had not met her burden of proof regarding the onset of symptoms and the correlation of her pain to the injection site.

However, after Petitioner submitted supplemental affidavits and a status conference was held, the Respondent filed an amended report conceding entitlement. The Respondent acknowledged that Petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting no prior shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the injection shoulder, and no other identified condition explaining the symptoms.

The case proceeded as a Table injury claim. Subsequently, a decision awarding damages was issued.

The parties agreed to a proffer of $30,190.20, which included $30,000.00 for pain and suffering and $190.20 for past unreimbursed expenses. This amount was awarded as a lump sum payment to Raine Learn, who was determined to be a competent adult.