May Tom v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

May Tom filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 27, 2019. She stated that the vaccine was received in the United States, the adverse effects lasted longer than six months, and she had not received other compensation or filed a civil action.

The Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she suffered a SIRVA Table injury and is presumed to have vaccine causation. The Respondent also confirmed the timely filing, receipt of the vaccine in the U.S., and satisfaction of the statutory severity requirement.

A ruling on entitlement was issued on November 10, 2022, finding Petitioner entitled to compensation. Subsequently, on November 10, 2022, the Respondent filed a proffer proposing an award of $73,722.00, which Petitioner accepted.

The court awarded Petitioner a lump sum payment of $73,722.00, comprising $72,500.00 for pain and suffering and $1,222.00 for unreimbursed expenses.