Janice Dickhardt v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Janice Dickhardt filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2020, alleging injuries sustained from adverse effects of an influenza vaccine administered on October 28, 2019. The Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the Petitioner's alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table.

The Respondent also agreed that Ms. Dickhardt suffered residual effects of her condition for more than six months.

Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 23, 2022, finding Ms.

Dickhardt entitled to compensation. Subsequently, on November 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms.

Dickhardt a lump sum payment of $55,000.00, representing compensation for all damages available under the program. This amount was agreed upon by both parties in a Rule 4/Proffer filed by the Respondent.

Petitioner was represented by Joshua Aaron Whisler of The Whisler Law Firm, and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.