Marsully Gonzalez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Marsully Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered an on-Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on January 29, 2018. The respondent conceded that Ms.

Gonzalez was entitled to compensation, stating she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and the symptoms were limited to the injection site. The respondent also agreed that the six-month sequela requirement was satisfied.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending a total of $92,700.00, consisting of $92,500.00 for pain and suffering and $200.00 for unreimbursable medical expenses.

Ms. Gonzalez agreed with this proffered award.

The court awarded Ms. Gonzalez the lump sum of $92,700.00, representing compensation for all damages available under the Vaccine Act.