Judith Resweber v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Judith Resweber filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 30, 2019. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Resweber's claim met the Table criteria for SIRVA. The respondent's Rule 4(c) report confirmed that her injury met the requirements for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the injection site.

The Chief Special Master issued a ruling on entitlement on November 18, 2022, finding Ms. Resweber entitled to compensation.

Subsequently, on February 28, 2023, a decision awarding damages was issued based on a proffer from the respondent. The parties agreed to an award of $100,200.54, which included $100,000.00 for pain and suffering and $200.54 for past unreimbursable expenses.

This amount was awarded as a lump sum payment to Ms. Resweber.