Harriet Robirts v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2023)

On September 23, 2019, Ernest Robirts, as Administrator of the Estate of Harriet Robirts, Deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Harriet Robirts suffered left shoulder injuries related to vaccine administration (SIRVA) following an influenza vaccine administered on September 26, 2017.

The petition stated the vaccine was administered in the United States, that Ms. Robirts' injuries and sequelae lasted more than six months, and that no other action or compensation had been sought for these injuries.

The case was assigned to the Special Processing Unit. On October 1, 2021, the Respondent filed a Rule 4(c) report conceding entitlement to compensation.

The Respondent agreed that Ms. Robirts had no prior history of shoulder issues that would explain her symptoms, that her pain and reduced range of motion began within 48 hours of vaccination, were limited to the injection site, and that no other condition accounted for her symptoms.

The Respondent also agreed the case was timely filed, the vaccine was received in the United States, and the residual effects lasted more than six months. Based on the Respondent's concession and the evidence, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 4, 2021, finding Petitioner entitled to compensation. Subsequently, Susan Clayton was appointed Administrator of the Estate of Harriet Robirts, and the caption was amended.

On January 3, 2023, the Respondent filed a proffer on award of compensation, proposing an award of $55,000.00, which Petitioner agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on February 3, 2023, awarding Petitioner, as administrator of the estate of Harriet Robirts, a lump sum payment of $55,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

The award was to be paid via check to Petitioner as administrator. Petitioner's counsel was Paul R.

Brazil of Muller Brazil, LLP, and Respondent's counsel was Kyle Edward Pozza of the U.S. Department of Justice.