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

Jean Wingard 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 20, 2016. The respondent conceded that her alleged injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months.

Based on the respondent's concession and the evidence of record, the court found that Ms. Wingard was entitled to compensation.

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

Wingard a lump sum of $70,000.00 for her actual and projected pain and suffering and $365.00 for past unreimbursable expenses, totaling $70,365.00. Ms.

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

Wingard a lump sum payment of $70,365.00, representing compensation for all damages available under the Vaccine Act.