Erin Simison v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Erin Simison filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 13, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 21, 2019, conceding that petitioner suffered a "Table SIRVA" and had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 23, 2019, finding petitioner entitled to compensation. Subsequently, on August 26, 2019, the respondent filed a proffer on award of compensation, recommending an award of $129,687.18, which petitioner agreed to.

Chief Special Master Dorsey issued a decision on August 27, 2019, awarding petitioner a lump sum payment of $129,687.18, representing compensation for all damages available under the Act. The case was resolved through a stipulation between the parties.

Petitioner was represented by Gerald S. Sack of the Law Offices of Gerald S.

Sack, LLC, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.