Monique Maccarone v. HHS - HPV, left shoulder injury related to vaccine administration (SIRVA) (2022)

Monique Maccarone filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she sustained a left shoulder injury related to vaccine administration (SIRVA) as a result of a human papillomavirus (HPV) vaccine she received on September 7, 2017. She stated the vaccine was received in the United States, her injury lasted longer than six months, and no civil action had been filed.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Maccarone was entitled to compensation.

The respondent agreed that her case met the criteria for SIRVA as a Table injury, noting she had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injected shoulder. The respondent also confirmed the case was timely filed, the vaccine was administered in the U.S., and the injury met the severity requirement.

Based on the concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Maccarone eligible for compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $51,110.76, which included $50,000.00 for pain and suffering and $1,110.76 for past unreimbursable expenses.

Ms. Maccarone agreed with this proposed award.

The court issued a decision awarding Ms. Maccarone the stipulated lump sum of $51,110.76.