Stacia Ezell v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Stacia Ezell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 9, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Ezell was entitled to compensation. The respondent agreed that her case met the criteria for a Table injury, specifically SIRVA, with onset within 48 hours of vaccination and no apparent alternative cause.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Ezell entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $98,097.34, which included $97,500.00 for pain and suffering and $597.34 for past unreimbursable expenses.

Ms. Ezell agreed with this proposed award.

The Chief Special Master issued a decision awarding Ms. Ezell the stipulated lump sum payment of $98,097.34, representing compensation for all damages available under the Act.