Julie Russell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Julie Russell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 15, 2018. She stated she received the vaccine within the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for the injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Russell's alleged injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Russell entitled to compensation.

Subsequently, the respondent filed a proffer on award of damages, proposing an award of $60,846.67, which included $60,000.00 for pain and suffering and $846.67 for past unreimbursed expenses. Ms.

Russell agreed with this proffered award. The court awarded Ms.

Russell the lump sum of $60,846.67, representing compensation for all damages available under the Act.