Cynthia Cole v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Cynthia Cole filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 3, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 16, 2022, conceding that Ms.

Cole was entitled to compensation. The respondent confirmed that Ms.

Cole met the criteria for a SIRVA Table injury, timely filed her petition, received the vaccine in the United States, and suffered residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on August 19, 2022, finding Ms. Cole entitled to compensation.

Subsequently, on July 18, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Cole agreed to.

On July 19, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding Ms. Cole a total of $119,939.10.

This award consisted of $115,000.00 for pain and suffering and $4,939.10 for past unreimbursable expenses. The award was made as a lump sum payment to Ms.

Cole, who is a competent adult. Petitioner was represented by Brian L.

Cinelli of Marcus & Cinelli, LLP, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.