Shawna O’Brien v. HHS - Influenza, left shoulder injuries related to vaccine administration (2021)

Shawna O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 12, 2018. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation for SIRVA, agreeing that she had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injected shoulder, and that her symptoms were not explained by any other condition. Respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the statutory severity requirement was met.

Based on Respondent's concession and the evidence, entitlement to compensation for SIRVA was granted. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $62,500.00, which Petitioner agreed to.

The Chief Special Master awarded Shawna O’Brien a lump sum payment of $62,500.00.