Stacey Hospes v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

On June 15, 2020, Stacey Hospes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccination she received on November 16, 2018. The petition stated that the vaccine was administered in the United States, that the residual effects of her injury lasted for more than six months, and that no prior civil action award or settlement had been made on her behalf.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2021, conceding that Ms. Hospes's claim met the Table criteria for SIRVA and that she was entitled to compensation.

The respondent noted that Ms. Hospes had no prior history of shoulder pain or dysfunction that would explain her symptoms, that the onset of pain occurred within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder.

The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and the statutory severity requirement was met. Based on the respondent's concession, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 12, 2021, finding Ms. Hospes entitled to compensation.

Subsequently, on January 12, 2022, the respondent filed a proffer on the award of compensation. Ms.

Hospes was awarded a total of $53,807.01, consisting of $52,500.00 for pain and suffering and $1,307.01 for past unreimbursable expenses. This award was presented as a lump sum payment to Ms.

Hospes. The decision was issued on February 14, 2022.

Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent's counsel was Catherine Elizabeth Stolar of the U.S. Department of Justice.