Maria Nino v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Maria Nino 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 her December 11, 2018, influenza vaccine. The petition was filed on January 4, 2021.

The respondent conceded that Ms. Nino is entitled to compensation, agreeing that her injury met the criteria for SIRVA on the Vaccine Injury Table.

The respondent noted that Ms. Nino had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injection site, and that the onset of symptoms occurred within 48 hours of vaccination.

The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, the injury lasted more than six months, and there had been no prior award or settlement. Based on the respondent's concession and the evidence, entitlement was granted on June 23, 2022.

Subsequently, on November 8, 2022, the respondent filed a proffer on award of compensation, proposing an award of $75,000.00 for pain and suffering damages. Ms.

Nino agreed with this proffered award. On December 9, 2022, the court awarded Ms.

Nino a lump sum payment of $75,000.00.