Barbara Marilyn John v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Barbara Marilyn John filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on July 20, 2020. She claimed the injury lasted longer than six months and that she had not filed a civil action or received other compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent determined that Ms.

John had no prior history of shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the residual effects lasted more than six months.

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

Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $65,000.00 for pain and suffering, which Ms. John agreed to.

The court accepted this proffer and awarded Ms. John a lump sum payment of $65,000.00 for pain and suffering.