Erika Nesteruk v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Erika Nesteruk filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 2, 2018. She further alleged that she suffered the residual effects of her injury for more than six months.

The respondent conceded that Petitioner was entitled to compensation, agreeing that she had no prior shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccine, were limited to the injection shoulder, and that no other condition explained her symptoms. The respondent also agreed that she met the statutory severity requirement of suffering effects for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $110,510.00, comprising $110,000.00 for pain and suffering and $510.00 for past unreimbursable expenses, which Petitioner agreed to. The court awarded this lump sum payment to Petitioner.