Lisa Eisman v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Lisa Eisman filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 12, 2019. She stated the vaccine was administered in the United States, her injury caused residual effects for more than six months, and she had not received other compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Eisman was entitled to compensation.

The respondent concluded that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she satisfied the other statutory and jurisdictional requirements of the Vaccine Act. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms.

Eisman entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $68,500.00 for pain and suffering.

Ms. Eisman agreed with this proffered award.

The Chief Special Master issued a decision awarding Ms. Eisman a lump sum payment of $68,500.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.