Michelle Danielson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Michelle Danielson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 10, 2017. The respondent conceded that her claim met the Table criteria for SIRVA and that she satisfied all legal requirements for compensation.

The court issued a ruling on entitlement, finding her eligible for compensation. Subsequently, the court issued a decision awarding damages.

Ms. Danielson sought $140,000.00 for past pain and suffering, $1,694.80 for past out-of-pocket expenses, and $1,000.00 per year for future pain and suffering.

The respondent proposed $100,000.00 for past pain and suffering and $1,347.03 for past expenses, with no future pain and suffering award. The court found that while her left shoulder pain began immediately, it was not initially severe.

More significant pain emerged in early 2018, leading to treatment including injections and an MRI. The court compared her case to prior SIRVA decisions, finding it most similar to the Cooper case, which awarded $110,000.00 for past pain and suffering.

The court awarded $110,000.00 for past pain and suffering and $1,520.92 for past unreimbursed expenses. For future pain and suffering, the court awarded $250 per year, reduced to its net present value of $7,922.22.

In total, Michelle Danielson was awarded a lump sum of $119,443.14.