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

Nancy Dubrow filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2019. She stated that the vaccination occurred in the United States, her injuries lasted more than six months, and she had not filed any other civil action for her injuries.

The respondent conceded that Ms. Dubrow was entitled to compensation, finding that her case met the criteria for SIRVA as a Table injury.

Specifically, the respondent noted that she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection site, and no other condition explained her symptoms. A ruling on entitlement was issued on May 18, 2022, finding her entitled to compensation.

Subsequently, on September 19, 2022, the respondent filed a proffer agreeing to an award of $62,500.00 for pain and suffering, which Ms. Dubrow accepted.

The Chief Special Master issued a decision awarding Ms. Dubrow a lump sum payment of $62,500.00 on October 24, 2022.