Deborah Ferry v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Deborah Ferry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 5, 2015. The respondent conceded that her claim met the Table criteria for SIRVA, finding no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other condition to explain her symptoms.

The court found Petitioner entitled to compensation. In a subsequent decision, the court awarded damages for pain and suffering and unreimbursable expenses.

Petitioner sought $145,000.00 for pain and suffering, while the respondent recommended $85,000.00. The parties agreed on $525.00 for unreimbursable expenses.

Considering Petitioner's pre-existing above-the-knee amputation and prosthesis, which complicated her SIRVA experience, the court awarded $140,000.00 for pain and suffering and $525.00 for expenses, totaling $140,525.00.