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

Maxine Paul filed a petition on January 15, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on January 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 11, 2020, conceding that Ms.

Paul was entitled to compensation. The respondent agreed that Ms.

Paul's condition met the criteria for SIRVA as defined by the Vaccine Injury Table, including having no recent history of shoulder pain or dysfunction, experiencing onset of pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, no other identified cause for the pain, and residual effects lasting over six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on March 13, 2020, finding Ms. Paul entitled to compensation.

Subsequently, on May 15, 2020, the respondent filed a proffer agreeing to an award of $47,500.00 for actual pain and suffering, which Petitioner accepted. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Robert Paul Coleman, III of the U.S.

Department of Justice. Chief Special Master Corcoran issued a decision on June 24, 2020, awarding Ms.

Paul a lump sum payment of $47,500.00 for actual pain and suffering, payable by check to Petitioner. The public decision does not describe the specific onset symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.