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

Ann Swales filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 22, 2019. Ms.

Swales stated she had no prior history of shoulder pain, inflammation, or dysfunction, that pain began within 48 hours of the vaccination, and that she experienced residual effects for over six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2024, conceding that Ms.

Swales was entitled to compensation. The respondent indicated that, based on the record, Ms.

Swales had satisfied all legal prerequisites for compensation under the Act for a SIRVA Table injury. On May 31, 2024, Chief Special Master Brian H.

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

Subsequently, on June 7, 2024, the respondent filed a proffer on the award of compensation, proposing an award of $158,935.17. This amount included $142,500.00 for pain and suffering, $7,573.44 for past unreimbursable expenses, and $8,861.73 for past lost wages.

Ms. Swales agreed with the proffered award.

On August 6, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Swales a lump sum payment of $158,935.17, payable by check to Ms.

Swales, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Jessica A.

Olins of Maglio Christopher & Toale, and respondent counsel was Margaret Armstrong of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.