Carole Weeks v. HHS - Influenza, left shoulder/arm pain (2020)

Carole Weeks filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2018, alleging that she suffered left shoulder/arm pain caused by an influenza vaccination received on August 9, 2017. The petition stated that the vaccination was received in the United States, that the residual effects of the injury lasted for at least six months, and that no civil action had been filed.

The case was assigned to the Special Processing Unit. On January 21, 2020, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA).

The Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the Petitioner satisfied the statutory severity requirement. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, on May 22, 2020, the Respondent filed a proffer on the award of compensation.

The proffer proposed an award of $76,027.97, which included $72,500.00 for pain and suffering, $2,625.05 for past unreimbursable expenses, and $902.92 for future medical expenses. The proffer stated that Petitioner agreed with this award.

Chief Special Master Corcoran issued a Decision Awarding Damages on June 29, 2020, awarding Petitioner a lump sum of $76,027.97, payable by check to Petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Renee Ja Gentry, and Respondent was represented by Claudia Barnes Gangi.