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

Dolores Ramirez filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 14, 2019. The respondent filed a Rule 4(c) report conceding that Ms.

Ramirez is entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the shoulder of administration, and no other condition explained the pain.

The injury also resulted in residual effects for more than six months. A ruling on entitlement was issued on November 4, 2022, finding Ms.

Ramirez entitled to compensation. Subsequently, on May 10, 2023, the respondent filed a proffer on damages, recommending an award of $110,000.00 for pain and suffering and $3,428.45 for past unreimbursable expenses, totaling $113,428.45.

Ms. Ramirez, identified as a competent adult, agreed with this proffered award.

On June 14, 2023, the Chief Special Master issued a decision awarding Dolores Ramirez a lump sum payment of $113,428.45.