Penny Culp v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Penny Culp filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on September 12, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that her injury was consistent with SIRVA, as defined on the Vaccine Injury Table.

Following this concession, a ruling on entitlement was issued on August 22, 2019, finding Ms. Culp entitled to compensation.

Subsequently, on November 14, 2019, a decision awarding damages was issued based on a proffer agreed to by both parties. Ms.

Culp was awarded a total of $151,614.52, which included $150,000.00 for pain and suffering and $1,614.52 for past out-of-pocket medical expenses. This award was intended to compensate for all damages available under the Vaccine Act.

The case proceeded as a Table claim, and the parties stipulated to the award amount.