Catherine Jones v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Catherine Jones 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) as a result of an influenza vaccine she received on October 31, 2016. She further alleged that her injury lasted for more than six months.

The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 20, 2022, the court issued a ruling on entitlement, finding that Petitioner’s flu vaccine was administered to her right arm and that the onset of her right shoulder pain likely began within the 48-hour timeframe required to establish a Table SIRVA claim.

Respondent filed an amended Rule 4(c) report on September 18, 2022, stating that he did not contest that Petitioner was entitled to compensation in light of the court's factual ruling. Respondent conceded that Petitioner had satisfied all legal prerequisites for compensation under the Act.

Based on the record and Respondent's position, the court found Petitioner entitled to compensation. Subsequently, on November 10, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $42,500.00 for all damages, which Petitioner agreed to.

The court awarded Catherine Jones a lump sum payment of $42,500.00, representing compensation for all damages.