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

Pamela Caswell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccine received on February 3, 2020. She claimed that her injury was a Table injury and that its residual effects lasted for more than six months.

The respondent conceded that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting that she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the injection site, and no other condition explained her symptoms. The respondent also agreed that her injury lasted for at least six months, satisfying the statutory requirements for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a damages decision was issued based on a proffer agreement between the parties.

The respondent proffered an award of $100,531.48, representing $100,000.00 for pain and suffering and $531.48 for past unreimbursable expenses. Petitioner agreed with this award.

The court awarded Pamela Caswell a lump sum payment of $100,531.48.