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

Jillian Merrill filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 7, 2022, conceding that the petitioner's medical course was consistent with a SIRVA Table injury and that she suffered residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 8, 2022, finding Ms.

Merrill entitled to compensation. Subsequently, on March 11, 2022, the parties submitted a proffer agreement.

The respondent proposed an award of $58,000.00 for pain and suffering, to which the petitioner agreed. In a Decision Awarding Damages dated March 15, 2022, Chief Special Master Corcoran adopted the proffer, awarding Jillian Merrill a lump sum payment of $58,000.00, representing compensation for all available damages.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice.