Donna Burke v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Donna Burke filed a petition for compensation alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 3, 2019. The respondent conceded that Petitioner is entitled to compensation, agreeing that her claim met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.

Specifically, her pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained her symptoms. A ruling on entitlement was issued on December 16, 2021, finding Petitioner entitled to compensation.

Subsequently, on February 18, 2022, the respondent filed a proffer on award of compensation, stating Petitioner should be awarded $83,654.66, which included $82,500.00 for pain and suffering and $1,154.66 for past unreimbursable medical expenses. Petitioner agreed with this award.

The Chief Special Master issued a decision awarding Petitioner the lump sum of $83,654.66.