Jeanne M. Miske v. HHS - Influenza, Shoulder Injury Related to Vaccination Administration (SIRVA) (2021)

Jeanne M. Miske filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Shoulder Injury Related to Vaccination Administration (SIRVA) as a result of receiving an influenza vaccine on September 27, 2018, in her right shoulder.

The case was assigned to the Special Processing Unit. On December 28, 2020, a ruling on entitlement was issued, finding that the vaccination was more likely than not administered to Petitioner in the right deltoid on September 27, 2018.

Respondent did not contest entitlement, stating that upon further review of the facts and medical records, they elected not to defend the issue of entitlement. Consequently, the court found Petitioner entitled to compensation.

On March 29, 2021, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $60,004.17. This amount consisted of $55,000.00 for pain and suffering and $5,004.17 for unreimbursed medical expenses.

Petitioner agreed with the proffered award. The court awarded Petitioner a lump sum payment of $60,004.17, representing compensation for all damages available under the Vaccine Act.