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

Donna McGill filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 31, 2019, conceding that petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation.

The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and that petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months post-vaccination. The respondent further noted that petitioner averred no civil action had been pursued regarding the injury.

On August 2, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on January 6, 2020, the respondent filed a proffer on the award of compensation, proposing a total of $78,465.00.

This amount was comprised of $77,500.00 for pain and suffering and $965.00 for unreimbursed expenses. The petitioner agreed with this proposed award.

On February 13, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding Donna McGill a lump sum payment of $78,465.00, payable by check to petitioner, representing compensation for all damages available under the Vaccine Act.

Petitioner was noted to be a competent adult, and no guardianship evidence was required. The decision was based on the parties' stipulation and proffer.