Clara Fitzgerald v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Clara Fitzgerald filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on October 31, 2017. Initially, Respondent opposed compensation, arguing that Petitioner had not provided evidence of intramuscular administration.

However, a subsequent finding of fact established that the vaccine was administered intramuscularly. Following this, Respondent filed an amended report conceding entitlement, recognizing the injury as a Table injury for SIRVA.

The Chief Special Master issued a ruling on entitlement on December 22, 2020, finding Petitioner entitled to compensation. On March 26, 2021, a decision awarding damages was issued, granting Petitioner a lump sum payment of $57,960.00, which included $57,500.00 for pain and suffering and $460.00 for past unreimbursable expenses.

Petitioner is a competent adult.