Miyeita Magee v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Miyeita Magee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 23, 2017, caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Magee suffered a Table injury of left SIRVA and had satisfied all legal prerequisites.

Following the ruling on entitlement, the parties submitted a proffer on the award of damages. The respondent proposed, and Magee agreed to, a total award of $110,909.00.

This amount was comprised of $107,500.00 for pain and suffering, $3,059.00 for past lost earnings, and $350.00 for past unreimbursed expenses. The court issued a decision awarding Magee this lump sum payment, representing compensation for all damages available under the Act.

The petition was filed on September 28, 2018, and the final decision awarding damages was issued on December 30, 2019.