Jennifer Riley v. HHS - Influenza, left axillary nerve injury (2022)

Jennifer Riley filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left axillary nerve injury as a result of receiving an influenza vaccine on October 11, 2017. The respondent conceded that her injury was caused-in-fact by the flu vaccine and did not identify any other causes.

The respondent noted that the injury did not meet the definition of SIRVA as outlined by the Vaccine Injury Table because another condition, the left axillary nerve injury, was present. A ruling on entitlement was issued on June 10, 2021, finding Ms.

Riley entitled to compensation. Subsequently, on April 20, 2022, the respondent filed a proffer recommending an award of $60,500.00 for pain and suffering, which Ms.

Riley agreed to. The Chief Special Master issued a decision awarding Ms.

Riley a lump sum payment of $60,500.00 for pain and suffering, representing all elements of compensation available under the Act.