Dana Sherrod v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Dana Sherrod filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on September 25, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). She further alleged that she suffered the residual effects of her injury for more than six months.

The respondent did not contest entitlement, recognizing that the Chief Special Master's factual finding that petitioner's left shoulder pain began within the 48-hour timeframe for a Table SIRVA claim was the law of the case. The respondent agreed that Sherrod had no recent history of shoulder pain, that the onset occurred within 48 hours after vaccination, that the pain was limited to the shoulder of injection, and that no other condition explained the pain.

Based on the record and the respondent's position, the Chief Special Master found Sherrod entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Sherrod should be awarded $99,295.71, comprised of $95,000.00 in pain and suffering and $4,295.71 in past unreimbursable expenses.

Sherrod agreed with this proffered award. The Chief Special Master issued a decision awarding Sherrod the lump sum of $99,295.71.