Mindy Botts v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Mindy Botts filed a petition on April 7, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on October 2, 2017, and subsequently developed a left shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a report on July 30, 2021, conceding that Ms. Botts was entitled to compensation.

The respondent agreed that Ms. Botts' injury met the criteria for SIRVA as defined by the Vaccine Injury Table for an influenza vaccine and fell within the Table's timeframe.

On August 2, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Botts entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 22, 2021, the respondent filed a proffer recommending an award of $140,980.07.

This amount was comprised of $125,000.00 for pain and suffering and $15,980.07 for lost wages. The respondent represented that Ms.

Botts agreed with this proffered award. On December 1, 2021, Chief Special Master Corcoran issued a decision awarding Ms.

Botts the lump sum of $140,980.07, payable by check to Ms. Botts, as compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Kristi Suzanne Schubert of Lamothe Law Firm, LLC, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.