Kathlyn Birch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Kathlyn Birch filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 6, 2017. The case was assigned to the Special Processing Unit.

On October 13, 2021, the court issued a ruling on entitlement, determining that the evidence established the vaccination was more likely than not administered to Petitioner in the right arm/shoulder. Respondent filed a Rule 4(c) report on November 10, 2021, conceding that compensation was appropriate and stating they would not continue to defend the case.

A ruling on entitlement was issued on November 19, 2021, finding Petitioner entitled to compensation. Subsequently, on June 10, 2022, Respondent filed a proffer on award of compensation, proposing an award of $47,500.00 for pain and suffering, which Petitioner agreed to.

The court issued a decision awarding damages on July 20, 2022, granting Petitioner a lump sum payment of $47,500.00.