Leigh Ann Marshall v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Leigh Ann Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 30, 2017. She stated the vaccine was administered in the United States, her symptoms persisted for more than six months, and no prior action or compensation had been sought for this injury.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she satisfied the criteria set forth in the Vaccine Injury Table for SIRVA and met the statutory severity requirement. A ruling on entitlement was issued on January 25, 2022, finding Petitioner entitled to compensation.

Subsequently, on March 1, 2022, a damages decision was issued based on a proffer. Respondent proffered an award of $177,269.92, which Petitioner agreed to.

The court awarded Petitioner a lump sum payment of $177,269.92, comprised of $170,000.00 for pain and suffering and $7,269.92 for unreimbursed expenses.