Catherine Price v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Catherine Price filed a petition for compensation under the National Vaccine Injury Compensation Program on July 19, 2019. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccination she received on October 2, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Price was entitled to compensation.

The respondent's report indicated that medical personnel reviewed the petition and medical records and determined that Ms. Price met the criteria for SIRVA as outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation.

Specifically, the respondent noted that Ms. Price had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms.

On January 22, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Price entitled to compensation. Subsequently, on March 30, 2021, the parties filed a proffer on the award of compensation.

The respondent proffered that Ms. Price should be awarded $112,500.00 for actual pain and suffering, and Ms.

Price agreed with this amount. On March 31, 2021, Chief Special Master Corcoran issued a decision awarding Ms.

Price a lump sum payment of $112,500.00, payable by check to Ms. Price, as compensation for actual pain and suffering.

The decision was issued by Chief Special Master Brian H. Corcoran.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP.

Respondent's counsel was Laurie Wiesner of the U.S. Department of Justice.