Michelle Overton v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Michelle Overton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 12, 2019. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no compensation had been awarded.

Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, concluding that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites. A ruling on entitlement was issued on March 7, 2023, finding Petitioner entitled to compensation.

Subsequently, on December 8, 2023, Respondent filed a proffer on award of compensation, recommending an award of $107,002.74. This amount comprised $100,000.00 for pain and suffering, $1,127.85 for unreimbursable expenses, and $5,774.89 for lost wages.

Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $107,002.74 on January 17, 2024.