Gail McNulty v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Gail McNulty filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 28, 2017. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on Respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement finding Petitioner entitled to compensation.

Subsequently, Respondent filed a proffer on award of compensation, proposing an award of $55,105.00, comprised of $55,000.00 for pain and suffering and $105.00 for past unreimbursed expenses. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding Petitioner the lump sum of $55,105.00, representing compensation for all damages available under the Vaccine Act.