Donna Jackson v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Donna Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 11, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 12, 2018. The petition stated that the vaccine was administered in the United States, that the residual effects of the SIRVA lasted for more than six months, and that no civil action had been filed or compensation received for the injury.

The case was assigned to the Special Processing Unit. On October 25, 2021, the respondent filed a Rule 4(c) report conceding that Ms.

Jackson was entitled to compensation, agreeing that her injury met the criteria for a Table SIRVA. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on October 25, 2021, finding Ms. Jackson entitled to compensation.

Subsequently, on December 6, 2021, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms.

Jackson should be awarded $65,000.00 for pain and suffering, representing all elements of compensation available under Section 15(a) of the Vaccine Act. The proffer stated that Ms.

Jackson agreed with this proposed award. Chief Special Master Corcoran issued a decision on December 6, 2021, awarding Ms.

Jackson a lump sum payment of $65,000.00, payable by check to Ms. Jackson, for pain and suffering.

Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Althea Walker Davis of the U.S. Department of Justice.

The case was processed as a Table injury claim, and entitlement was conceded by the respondent.