Diane D’Amico v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Diane D’Amico filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a flu vaccine administered on September 28, 2018. The respondent conceded entitlement, agreeing that Ms.

D’Amico had no prior shoulder issues, that her pain began within 48 hours of the vaccination, was limited to the injection site shoulder, and that no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and the injury persisted for more than six months.

Based on the respondent's concession and the evidence, the court found Ms. D’Amico entitled to compensation.

Subsequently, the parties submitted a proffer agreement for damages. The court awarded Ms.

D’Amico a total of $77,757, which included $75,000 for pain and suffering and $2,757 for unreimbursed vaccine-injury-related expenses.