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

Michelle Roy filed a petition on September 28, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 4, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 10, 2020, conceding that Petitioner's claim met the Table criteria for SIRVA.

The respondent indicated that the alleged injury was consistent with SIRVA caused by the flu vaccine, identified no other causes for the SIRVA, and noted that Petitioner met the statutory requirements by suffering the condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on February 13, 2020, finding Petitioner eligible for compensation under the National Vaccine Injury Compensation Program. Subsequently, on May 21, 2020, the parties filed a proffer on the award of compensation.

The respondent proffered an award of $80,000.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act, and stated that Petitioner agreed with this amount. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and the respondent was represented by Robert Paul Coleman, III, and later Debra A.

Filteau Begley, both of the U.S. Department of Justice.

On June 29, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Michelle Roy a lump sum payment of $80,000.00, payable by check to Petitioner, for pain and suffering.