Martha Walker v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Martha Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on September 2, 2017. The Special Master previously ruled that Ms.

Walker's left shoulder pain began the day of her vaccination, establishing onset within 48 hours. The Respondent, Secretary of Health and Human Services, did not dispute that Ms.

Walker satisfied the criteria for SIRVA under the Vaccine Injury Table, reserving only the right to appeal the factual finding of onset. Based on the Respondent's concession and the existing record, the Special Master issued a Ruling on Entitlement, finding Petitioner entitled to compensation.

Subsequently, the parties reached a proffer agreement for damages. The Respondent agreed to a lump sum payment of $32,500.00 for all damages, including pain and suffering.

The Special Master adopted this proffer, awarding Martha Walker's estate $32,500.00 in compensation. Ms.

Walker passed away from causes unrelated to her alleged vaccine injury before the damages decision, and her son, Gabriel Walker Anthis, was substituted as the testamentary of her estate.