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

Christina Witham filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on October 3, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The injury occurred in her left arm.

The respondent conceded entitlement to compensation, agreeing that Ms. Witham met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.

Specifically, she had no prior history of pain or dysfunction in her left shoulder, her pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site, with no other identified condition explaining her symptoms. The respondent also agreed that the statutory six-month sequela requirement was satisfied.

Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent proposed an award of $75,141.95, comprising $75,000.00 for pain and suffering and $141.95 for past out-of-pocket medical expenses.

Ms. Witham, who is a competent adult, agreed with this proffered award.

The Chief Special Master issued a decision awarding Ms. Witham a lump sum payment of $75,141.95, representing compensation for all damages available under the Vaccine Act.