Helane Stein v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Helane Stein 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 16, 2018. The Respondent conceded that Petitioner is entitled to compensation, agreeing that she suffered SIRVA as defined by the Vaccine Injury Table.

Specifically, Respondent confirmed that Petitioner had no prior history of shoulder issues, that the onset of pain occurred within forty-eight hours after the vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition explained her pain. The case proceeded to a damages hearing, as the parties could not informally resolve the issue of compensation.

Petitioner sought $140,000.00 for pain and suffering, while Respondent recommended $110,000.00. After considering arguments and comparable cases, the Chief Special Master awarded Petitioner $130,000.00 for actual pain and suffering and $1,838.15 for actual unreimbursable expenses, for a total lump sum payment of $131,838.15.