Andrea Carrier v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Andrea Carrier filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 5, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation.

The respondent agreed that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and met the statutory requirements for compensation, including suffering the condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on July 2, 2021, finding Petitioner entitled to compensation. Subsequently, on November 24, 2021, the parties submitted a proffer on the award of compensation.

The respondent proffered an award of $107,500.00 for pain and suffering, which Petitioner agreed to. In a decision dated November 29, 2021, Chief Special Master Corcoran awarded Andrea Carrier a lump sum payment of $107,500.00 in pain and suffering, payable by check to Petitioner.

This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Wei Kit Tai of the U.S.

Department of Justice.