Heather Phillips v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Heather Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder as a result of an influenza vaccine administered on November 13, 2019. She further alleged that she suffered residual symptoms for more than six months.

The respondent conceded that Petitioner is entitled to compensation, agreeing that she met the criteria for SIRVA on the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms.

The parties were unable to informally resolve the issue of damages, leading to a hearing on September 20, 2024. Petitioner sought $117,500.00 for pain and suffering, while Respondent recommended $82,500.00.

The Chief Special Master awarded Heather Phillips a total of $107,799.97, comprising $107,000.00 for actual pain and suffering and $799.97 for actual unreimbursable expenses. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.