Maria Dasilveira v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Maria Dasilveira 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 vaccination she received on October 16, 2019. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, noting that she had no prior history of shoulder issues, the onset of pain was within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site.

The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on April 25, 2023, finding Petitioner entitled to compensation.

Subsequently, on May 23, 2023, the respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded a total of $111,586.41, comprising $105,000.00 for pain and suffering, $95.70 for past unreimbursable expenses, and $6,490.71 to satisfy a Massachusetts Medicaid lien.

The award was made in the form of two lump sum payments.