Erin Lynn Gillaspy v. HHS - Influenza, right shoulder injury (SIRVA) (2022)

Erin Lynn Gillaspy filed a petition for compensation on July 6, 2020, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on August 27, 2018. The petition stated that her injuries lasted more than six months and that she had not received prior compensation.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding that she met the criteria for SIRVA set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afforded her the presumption of causation. The respondent agreed that the scope of damages should be limited to her right SIRVA and its related sequelae.

On November 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation. Subsequently, on August 4, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $45,056.90, comprised of $45,000.00 for pain and suffering and $56.90 for past unreimbursable expenses.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $45,056.90.