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

Helen Morton filed a petition for compensation under the National Vaccine Injury Compensation Program on May 12, 2020, alleging that an influenza vaccine administered on December 14, 2018, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that she had suffered residual effects for more than six months, and that there had been no prior award or settlement for the injury.

The case was assigned to the Special Processing Unit. On October 6, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that Ms.

Morton met the Table criteria for a SIRVA and had satisfied the statutory requirements. Based on the Respondent's concession and the evidence, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 12, 2021, finding Petitioner entitled to compensation. Subsequently, on April 21, 2022, the Respondent filed a Proffer on Award of Compensation.

The parties agreed to a total award of $82,616.11, which included $82,500.00 for pain and suffering and $116.11 for past unreimbursable expenses. Chief Special Master Corcoran issued a decision on May 23, 2022, awarding this amount as a lump sum payment to Petitioner.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Emilie Williams of the U.S.

Department of Justice.