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

Sally Musulin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on December 5, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Ms.

Musulin's claim met the Table criteria for SIRVA. The respondent confirmed that she had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of the vaccination, and these symptoms were limited to the injected shoulder.

Based on the respondent's concession and the evidence, the court found Ms. Musulin entitled to compensation.

Subsequently, the parties submitted a proffer agreement for damages. The court awarded Ms.

Musulin a total of $73,038.00, comprising $72,500.00 for pain and suffering and $538.00 for unreimbursed expenses, as a lump sum payment.