Margaret Schwarck v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Margaret Schwarck filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 10, 2017. The respondent, represented by Jeffrey T.

Sprague and later Heather Lynn Pearlman of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms.

Schwarck's alleged injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 30, 2019, finding Ms.

Schwarck entitled to compensation. Subsequently, on February 14, 2020, Chief Special Master Brian H.

Corcoran issued a decision awarding damages based on a proffer submitted by the respondent. The parties agreed to a total award of $92,020.64, which included $90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical expenses.

This amount represented all damages available under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC. The decision was posted publicly in accordance with the E-Government Act of 2002.