Amy Merrigan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Amy Merrigan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 4, 2017 influenza vaccine. The petition was filed on August 29, 2018.

Respondent filed a Rule 4(c) report on August 9, 2019, conceding that petitioner was entitled to compensation. Respondent's assessment indicated that petitioner's medical course was consistent with SIRVA as defined on the Vaccine Injury Table, noting no prior history of shoulder issues, pain occurring within 48 hours of vaccination, pain limited to the injection site, and no other identified condition to explain the pain.

The respondent also agreed that petitioner suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. On February 14, 2020, the parties submitted a proffer on award of compensation, recommending a total award of $70,478.74.

This amount included $70,000.00 for pain and suffering and $478.74 for unreimbursable expenses. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding the proffered amount on March 26, 2020, finding that petitioner was entitled to compensation for SIRVA.