Deirdre Maguire v. HHS - Influenza, left shoulder bursitis, subacromial tendinitis and associated sequelae, or a Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2021)

Deirdre Maguire filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder bursitis, subacromial tendinitis, and associated sequelae, also known as a Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on September 27, 2016. The Respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms.

Maguire's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The Respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain.

Furthermore, her condition resulted in residual effects lasting more than six months, satisfying the legal prerequisites for compensation. The case proceeded as a Table claim.

Subsequently, a decision awarding damages was issued on March 9, 2021. The parties stipulated to an award of $143,873.70, which included $142,500.00 for pain and suffering and $1,373.70 for past lost earnings.

This award was accepted by Ms. Maguire and compensated her for all damages available under the Act.