Stacy Clayton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Stacy Clayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine she received on November 1, 2017. The respondent conceded that Ms.

Clayton was entitled to compensation, stating that her condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent further noted that her SIRVA and its sequelae persisted for more than six months after vaccination, entitling her to a presumption of vaccine causation.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Clayton entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms.

Clayton should be awarded $70,082.57, comprised of $70,000.00 for pain and suffering and $82.57 for past out-of-pocket medical expenses. Ms.

Clayton agreed with this proffered award. The court awarded Ms.

Clayton a lump sum payment of $70,082.57, representing compensation for all damages available under the Vaccine Act.