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

Sheri Conerty 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 1, 2018 influenza vaccination. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding her condition consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no pre-vaccination history of shoulder issues, pain occurred within 48 hours post-vaccination, and the pain and reduced range of motion were limited to the shoulder of injection, with no other identified condition explaining the symptoms.

Based on Respondent's concession and the evidence, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, proposing $95,000.00 for pain and suffering and $786.30 for past unreimbursable expenses, totaling $95,786.30.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $95,786.30, representing compensation for all damages available under the Act.