Kathryn E. McCreary v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Kathryn E. McCreary filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2016.

The respondent, the Secretary of Health and Human Services, conceded that Ms. McCreary was entitled to compensation, agreeing that her condition was a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites.

Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $47,920.41, which included $47,500.00 for past and future pain and suffering and $420.41 for documented past unreimbursable expenses.

Ms. McCreary agreed with this proposed award.

The Chief Special Master issued a decision awarding Ms. McCreary a lump sum payment of $47,920.41, representing compensation for all damages available under the Vaccine Act.

The decision was dated October 31, 2019, and judgment was to be entered accordingly.