Michelle A. Miller v. HHS - Influenza, left shoulder impingement syndrome and Glenohumeral Internal Rotation Deficit (2021)

Michelle A. Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder impingement syndrome and Glenohumeral Internal Rotation Deficit caused by an influenza vaccine administered on October 3, 2016.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, stating that her alleged injury was consistent with SIRVA, as defined on the Vaccine Injury Table, and that she suffered residual effects for more than six months.

Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $47,861.54, comprised of $47,500.00 for pain and suffering and $361.54 for unreimbursed out-of-pocket medical expenses.

Petitioner agreed with the proffered award. The Chief Special Master awarded Petitioner the lump sum of $47,861.54 in the form of a check payable to her, representing compensation for all damages available under the Vaccine Act.