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

Michele Bernardo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 21, 2015 influenza vaccination. The respondent conceded that her claim met the Table criteria for SIRVA, noting that she had no prior history of shoulder issues, experienced onset of pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injected shoulder.

The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master found Michele Bernardo entitled to compensation.

Subsequently, the respondent filed a proffer recommending an award of $123,935.00, which included $117,500.00 for pain and suffering and $6,435.00 for past unreimbursable expenses. Michele Bernardo agreed with this proffered award.

The Chief Special Master issued a decision awarding the full proffered amount, concluding the case with compensation for her SIRVA.