Michelle DePinto v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Michelle DePinto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 9, 2016. The respondent conceded that her injury was consistent with SIRVA as defined on the Vaccine Injury Table.

Specifically, the respondent noted that Ms. DePinto had no prior history of left shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms.

Based on the respondent's concession and the evidence, the court found Ms. DePinto entitled to compensation.

Subsequently, the parties submitted a proffer for an award of compensation. The court awarded Ms.

DePinto a lump sum payment of $78,741.65, which included $75,000.00 for pain and suffering and $3,741.65 for past unreimbursable expenses.