Katharine Wisener v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Katharine Wisener filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 19, 2019. The case was filed on January 4, 2021.

Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA. Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement.

Based on Respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued.

Respondent had filed a combined Rule 4 report and proffer on award of compensation, indicating Petitioner should be awarded $57,500.00, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $57,500.00 as compensation for all damages.