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

Barbara Muhling 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 vaccination she received on October 17, 2018. She further alleged that she suffered the residual effects of her vaccine injury for more than six months.

The respondent conceded that Petitioner is entitled to compensation, stating that her injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent also agreed that Petitioner timely filed her case, received the flu vaccine in the United States, and satisfied the statutory severity requirement.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties filed a proffer on award of compensation.

The respondent proffered that Petitioner should be awarded $45,680.00, representing $45,000.00 in pain and suffering and $680.00 in out-of-pocket expenses. Petitioner agreed with this proffered award.

The Chief Special Master awarded Petitioner a lump sum payment of $45,680.00, representing compensation for all damages available under Section 15(a).