Jori Baldwin Cox v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Jori Baldwin Cox 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 November 22, 2017 influenza vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Respondent conceded that Petitioner was entitled to compensation, noting that she satisfied the criteria in the Vaccine Injury Table for SIRVA, which provides a presumption of causation if onset occurs within 48 hours after vaccination and there is no apparent alternative cause. Respondent also agreed that Petitioner experienced residual effects for more than six months.

Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer for damages.

Respondent recommended an award of $67,700.00, representing $67,500.00 for pain and suffering and $200.00 for unreimbursed expenses. Petitioner agreed with this proffered award.

The Chief Special Master awarded Petitioner the lump sum of $67,700.00.