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

Emily Fenster filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 27, 2018. The case was assigned to the Special Processing Unit.

On September 12, 2022, the Respondent conceded that Ms. Fenster was entitled to compensation, agreeing that her injury met the criteria for SIRVA on the Vaccine Injury Table.

A ruling on entitlement was issued on September 14, 2022, finding her eligible for compensation. On December 1, 2022, the Respondent filed a proffer recommending an award of $73,941.80, which included $73,000.00 for pain and suffering and $941.80 for past unreimbursable expenses.

Ms. Fenster, identified as a competent adult, agreed with this proposed award.

On January 6, 2023, the Chief Special Master issued a decision awarding Ms. Fenster the stipulated lump sum of $73,941.80.