Elizabeth Hurlbutt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Elizabeth Hurlbutt filed a petition on September 30, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 28, 2018.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hurlbutt's medical course was consistent with SIRVA and that she experienced residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 24, 2021, finding Ms.

Hurlbutt eligible for compensation. Subsequently, on June 22, 2021, the respondent filed a proffer proposing an award of $118,541.89.

This amount was comprised of $115,000.00 for pain and suffering and $3,541.89 for unreimbursable out-of-pocket expenses. The petitioner agreed with this proposed award.

On July 28, 2021, Chief Special Master Corcoran issued a decision awarding the stipulated lump sum of $118,541.89 to Elizabeth Hurlbutt, who is a competent adult. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Andrew Henning of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.