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

Kristin Cowan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 21, 2018. She stated that the vaccine was administered in the United States, her injuries persisted for more than six months, and she had not received other compensation or initiated a civil action.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Ms.

Cowan was entitled to compensation. Respondent agreed that she had no prior history of shoulder issues, that pain began within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained her symptoms.

Respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the injury met the severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master found Ms.

Cowan entitled to compensation. Subsequently, a decision awarding damages was issued.

Respondent filed a proffer indicating Ms. Cowan should be awarded $105,465.00, comprising $105,000.00 for pain and suffering and $465.00 for past unreimbursable expenses.

Ms. Cowan agreed with this proffered award.

The Chief Special Master awarded Ms. Cowan the lump sum of $105,465.00, representing compensation for all damages available under the Vaccine Act.