Jill Carpenter v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Jill Carpenter filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2018, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 14, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 11, 2020, conceding that Ms.

Carpenter satisfied the criteria for SIRVA on the Vaccine Injury Table and that there was no other cause for her injury. The respondent also agreed that the medical records demonstrated she had suffered residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 10, 2020, finding Ms.

Carpenter entitled to compensation. Subsequently, on May 19, 2020, the parties filed a proffer on the award of damages.

The respondent proffered an award of $61,271.29, which included $60,000.00 for pain and suffering and $1,271.29 for past unreimbursable expenses. Ms.

Carpenter agreed with the proffered award. On May 20, 2020, Chief Special Master Corcoran issued a decision awarding Ms.

Carpenter a total of $61,271.29 as a lump sum payment, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.