Lorraine Fleagle v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Lorraine Fleagle filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 17, 2014. The respondent filed a Rule 4(c) report conceding that Ms.

Fleagle was entitled to compensation. The respondent agreed that the claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that the petitioner satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 8, 2020, finding Ms.

Fleagle entitled to compensation. Subsequently, on August 31, 2020, the respondent filed a proffer on award of compensation.

The proffer indicated that Ms. Fleagle should be awarded $67,981.88, comprising $65,000.00 for pain and suffering and $2,981.88 for past unreimbursable expenses.

Ms. Fleagle, a competent adult, agreed with the proffered award.

Chief Special Master Corcoran issued a decision on August 31, 2020, awarding the stipulated amount of $67,981.88 as a lump sum payment in the form of a check payable to Ms. Fleagle.

Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Christine Mary Becer of the U.S.

Department of Justice.