Michelle Whitaker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Michelle Whitaker filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table injury – shoulder injury related to vaccine administration (SIRVA) – as the result of an influenza vaccination received on October 16, 2019. She alleged that she received the vaccination in the United States, suffered residual effects for more than six months, and had no prior award or settlement.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, she had no prior shoulder issues, pain occurred within 48 hours after vaccination, pain was limited to the vaccinated shoulder, and no other condition explained the pain.

The Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $60,000.00 for pain and suffering, which Petitioner agreed to.

The Chief Special Master issued a Decision Awarding Damages, awarding Petitioner a lump sum payment of $60,000.00 for pain and suffering.