Erin Jensen v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2020)

Erin Jensen filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2018. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 27, 2016.

The respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation, stating that her claim met the Table criteria for SIRVA. The respondent agreed that the petitioner had no prior history of shoulder pain or dysfunction that would explain her symptoms, that her pain onset likely occurred within 48 hours of vaccination, that her pain and reduced range of motion were limited to the vaccinated shoulder, and that no other condition explained her symptoms.

Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 31, 2020, finding Ms.

Jensen entitled to compensation. Subsequently, on June 29, 2020, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $100,000.00 for pain and suffering, to which the petitioner agreed.

On August 5, 2020, Chief Special Master Corcoran issued a decision awarding Erin Jensen a lump sum payment of $100,000.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act. The award was to be paid in the form of a check payable to Ms.

Jensen. Theodore J.

Hong of Maglio Christopher & Toale, PA, represented the petitioner, and Glenn Alexander MacLeod and Debra A. Filteau Begley of the U.S.

Department of Justice represented the respondent.