Danielle Rodriguez v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Danielle Rodriguez 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 an influenza vaccination she received on October 10, 2018. She further alleged her vaccine-related injuries lasted more than six months.

The respondent conceded that Petitioner is entitled to compensation, agreeing that she satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. The respondent also confirmed that Petitioner timely filed her case, received the flu vaccine in the United States, and met the statutory severity requirement.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties reached a stipulation for damages.

The respondent proffered an award of $75,000.00 for all damages, including pain and suffering, which Petitioner agreed to. The Chief Special Master awarded Petitioner a lump sum payment of $75,000.00, representing compensation for all damages available under the Vaccine Act.