Christina Wells v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Christina Wells filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 25, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 17, 2021, conceding that Ms.

Wells met the criteria for a Table injury and was entitled to compensation. The respondent stated that Petitioner "has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA." Respondent also stated that no other causes for Petitioner's SIRVA were identified and that Petitioner met the statutory requirement of suffering the condition for more than six months.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 17, 2021, finding Petitioner eligible for compensation.

Subsequently, on December 7, 2021, the respondent filed a proffer on award of compensation. The parties agreed to an award of $55,190.21, comprising $55,000.00 for pain and suffering and $190.21 for medical expenses paid by Medicaid.

The decision dated January 6, 2022, awarded Ms. Wells this amount, noting she is a competent adult.

The award was to be paid via two lump sum payments: one check for $55,000.00 payable to Petitioner, and a second payment of $190.21 payable jointly to Petitioner and South Country Health Alliance to satisfy a Medicaid lien. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Mark Kim Hellie of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran issued the final decision.