Marguerite Bradley v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2020)

Marguerite Bradley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 29, 2017. The respondent conceded that Ms.

Bradley is entitled to compensation, agreeing that she met the criteria for a SIRVA injury as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Specifically, the respondent noted that she had no prior history of left shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection shoulder, and no other condition explained her symptoms.

Based on this concession and the evidence, the court found Ms. Bradley entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended, and Ms.

Bradley agreed, that she should be awarded $60,177.72. This amount was comprised of $60,000.00 for pain and suffering and $177.72 for past unreimbursable out-of-pocket medical expenses.

The court awarded this lump sum payment to Ms. Bradley, who is a competent adult.