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

Terri Samuels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 9, 2020. The Chief Special Master found that the evidence preponderantly established that the onset of her shoulder pain occurred within 48 hours of vaccination, satisfying the Table criteria for SIRVA.

The medical records indicated that while she did not seek immediate medical attention, she consistently related her pain to the flu shot once she did seek care. The court noted that it is common for SIRVA petitioners to delay seeking treatment.

All other SIRVA criteria and statutory requirements were also met, including experiencing residual effects for more than six months. The respondent did not contest entitlement after the initial ruling.

Subsequently, a decision awarding damages was issued on December 18, 2024. The parties agreed to a proffered award of $65,105.00, which included $65,000.00 for pain and suffering and $105.00 for past unreimbursable expenses.

Terri Samuels, an adult, received a lump sum payment for all damages available under the program.