Deborah Wharton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Deborah Wharton 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) resulting from an influenza vaccine she received on October 3, 2019. The respondent conceded that Ms.

Wharton was entitled to compensation, finding that she met the criteria for SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior shoulder issues, her pain began within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained her symptoms.

A ruling on entitlement was issued on February 15, 2022, finding her eligible for compensation. Subsequently, on February 18, 2022, the respondent filed a proffer recommending an award of $62,829.00, which included $62,500.00 for pain and suffering and $329.00 for unreimbursed medical expenses.

Ms. Wharton agreed with this proposed award.

On March 30, 2022, the court awarded Ms. Wharton the stipulated lump sum of $62,829.00.