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

Angela Buttles filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 14, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Buttles' alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent further agreed that compensation was appropriate, that Ms.

Buttles met the statutory requirements by suffering the condition for more than six months, and that her injury was consistent with the Table. Specifically, the respondent noted that Ms.

Buttles had no recent history of pain, inflammation, or dysfunction of her right shoulder, that the onset of her pain occurred within 48 hours after receipt of the intramuscular vaccination, that her pain was limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality had been identified to explain her right shoulder symptoms. On January 7, 2022, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Buttles entitled to compensation.

Subsequently, on March 15, 2022, the parties submitted a joint proffer on damages. Chief Special Master Corcoran awarded Ms.

Buttles a total of $55,448.00. This award included $55,000.00 for pain and suffering, $398.50 for past unreimbursable expenses, and $49.50 for lost wages.

The award was made in the form of a check payable to Ms. Buttles.

Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Alexa Roggenkamp of the U.S. Department of Justice.