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

Anne Garza filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered in her left deltoid on October 9, 2019.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with the SIRVA criteria set forth in the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent agreed that compensation was appropriate, noting that the petitioner had no prior history of shoulder pain, that the onset of pain occurred within 48 hours after vaccination, that the pain was limited to the vaccinated shoulder, and that no other condition explained the pain.

The respondent also stated that the petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. On April 20, 2022, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Garza entitled to compensation.

Subsequently, on May 2, 2022, the respondent filed a proffer on an award of compensation, which Ms. Garza agreed with.

On June 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Garza a total of $48,871.48.

This award consisted of $47,500.00 for pain and suffering and $1,371.48 for unreimbursed expenses. The award was made as a lump sum payment to Ms.

Garza, who is a competent adult. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mitchell Jones of the U.S.

Department of Justice.