Andrea Navis v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Andrea Navis filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2018.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 12, 2023, conceding that Ms. Navis was entitled to compensation.

The respondent believed that the petitioner had satisfied the criteria for SIRVA as a Table injury. On April 17, 2023, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Navis eligible for compensation.

Subsequently, on June 26, 2023, the respondent filed a proffer on award of compensation. In this proffer, the respondent recommended an award of $90,000.00 for pain and suffering, representing all damages available under the Act.

Ms. Navis agreed to this proffered award.

On July 28, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Navis a lump sum payment of $90,000.00, payable by check to the petitioner.

The decision noted that the case was assigned to the Special Processing Unit and that the ruling was unpublished but would be posted on the court's website in accordance with the E-Government Act of 2002. Petitioner was represented by Edward M.

Kraus of Kraus Law Group, LLC, and respondent was represented by Nina Ren of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The theory of causation is based on SIRVA being a defined Table injury.