Marin Tully v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Marin Tully filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 20, 2015. The respondent filed a Rule 4(c) Report conceding that the petitioner was entitled to compensation, noting that her claim met the Table criteria for SIRVA.

The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement. Subsequently, a ruling on entitlement was issued on July 9, 2019, finding Marin Tully entitled to compensation.

On January 22, 2020, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded $77,352.75, which included $75,000.00 for pain and suffering and $2,352.75 for past unreimbursable expenses. The petitioner agreed with this proffered award.

The court issued a decision awarding Marin Tully a lump sum payment of $77,352.75.