Charlee Mitchell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Charlee Mitchell 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 her October 29, 2018 influenza vaccination. The respondent conceded that Petitioner was entitled to compensation, agreeing that she met the criteria for a Table injury.

Specifically, the respondent noted that Petitioner had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the vaccinated shoulder, and no other condition could explain her symptoms. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and Petitioner met the statutory severity requirement of suffering residual effects for more than six months.

The ruling on entitlement was issued on May 7, 2021. Subsequently, on October 6, 2021, the respondent filed a proffer on award of compensation, proposing an award of $55,669.14.

This amount included $55,000.00 for pain and suffering and $669.14 for past unreimbursed expenses. Petitioner agreed with the proffered award.

On November 17, 2021, the court issued a decision awarding Petitioner the lump sum of $55,669.14.