Marisol Torres-Sandlin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Marisol Torres-Sandlin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 1, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2019, conceding that the petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she met all legal prerequisites for compensation.

Based on this concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 18, 2019, finding Marisol Torres-Sandlin entitled to compensation.

Subsequently, on December 17, 2019, the parties filed a Proffer on Award of Compensation. The respondent recommended an award of $97,159.91, which included $95,000.00 for actual and projected pain and suffering (reduced to net present value) and $2,159.91 for actual unreimbursable expenses.

The petitioner agreed with this proffered award. Chief Special Master Brian H.

Corcoran issued a Decision Awarding Damages on January 17, 2020, awarding Marisol Torres-Sandlin a lump sum payment of $97,159.91, payable to her as a competent adult. The decision does not describe the specific onset of symptoms, medical tests, or treatments.

Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.