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

Pamela Fox filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 2, 2017. The case was assigned to the Special Processing Unit.

On December 30, 2019, the Secretary of Health and Human Services filed a Rule 4(c) report conceding that Ms. Fox was entitled to compensation.

The respondent agreed that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months.

Based on the concession and the evidence, the Chief Special Master found Ms. Fox entitled to compensation.

Subsequently, on March 31, 2020, the respondent filed a proffer on award of compensation, indicating that Ms. Fox should be awarded $47,500.00 in actual and projected pain and suffering, which Ms.

Fox agreed to. The Chief Special Master issued a decision awarding Ms.

Fox a lump sum payment of $47,500.00 for pain and suffering.