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

Dru Elliott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 24, 2019. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfied the statutory severity requirement. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. Respondent had filed a combined Rule 4 report/proffer on award of compensation indicating Petitioner should be awarded $60,000.00, which Petitioner agreed with.

The Chief Special Master awarded Dru Elliott a lump sum payment of $60,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.