Frances A. Vaccaro v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Frances A. Vaccaro filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 2, 2018.

The case was assigned to the Special Processing Unit of the Office of Special Masters. Petitioner filed a motion for a ruling on the record, and the respondent filed a response.

The court issued fact findings, determining that the flu vaccine was administered in Petitioner’s left deltoid and that the onset of Petitioner’s pain occurred within 48 hours of vaccination. The respondent filed a Rule 4(c) report accepting the ruling and conceding that Petitioner was entitled to compensation for SIRVA.

The court issued a ruling on entitlement in favor of Petitioner, and the parties commenced damages discussions. The parties were unable to resolve damages themselves, so their disputed elements were briefed.

The court awarded Petitioner a total of $110,791.11, representing $110,000.00 for actual pain and suffering, and $791.11 for past unreimbursable expenses. This amount was awarded as a lump sum payment.