Elissa Dipasquale v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Elissa Dipasquale filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2018. The respondent conceded entitlement, agreeing that Ms.

Dipasquale had no prior history of left shoulder issues, her pain occurred within 48 hours of the vaccination, and her symptoms were limited to the injection site shoulder. The respondent also confirmed that no other condition could explain her symptoms and that the statutory sequela requirement was met.

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

Subsequently, the parties agreed to a damages proffer. The court awarded Ms.

Dipasquale a lump sum payment of $63,686.87, which included $62,500.00 for pain and suffering and $1,186.87 for past unreimbursable expenses. This award represents all damages available under the Vaccine Act.