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

Maria Mendez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on January 4, 2019. She further alleged that she suffered residual effects of her injury for more than six months.

The respondent conceded that Petitioner is entitled to compensation, stating that she satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA induced by a flu vaccine. The respondent also agreed that Petitioner timely filed her case, received the vaccine in the United States, and satisfied the statutory severity requirement.

Based on the concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation.

The respondent proffered that Petitioner should be awarded a total of $85,185.48, consisting of $85,000.00 in pain and suffering and $185.48 in out-of-pocket expenses. Petitioner agreed with this proffered award.

The court awarded Petitioner a lump sum payment of $85,185.48, representing compensation for all damages available under the Vaccine Act.