Susan Fitzgerald v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Susan Fitzgerald filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 31, 2017. The respondent conceded that Ms.

Fitzgerald is entitled to compensation, agreeing that she met the criteria for a SIRVA Table injury. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection shoulder, and no other condition explained her symptoms.

Following the ruling on entitlement, the parties stipulated to an award of damages. The court awarded Ms.

Fitzgerald a lump sum payment of $95,205.12, which included $95,000.00 for pain and suffering and $205.12 for past unreimbursable expenses. This award was made as a check payable to Ms.

Fitzgerald, who is a competent adult.