Ann Scarantino v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Ann Scarantino filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on November 6, 2020. She stated that her injury lasted longer than six months and that she had not previously received compensation for this injury.

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

The respondent concluded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, and the pain was localized to the injection site. The respondent also agreed that her condition persisted for more than six months.

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

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $40,000.00 in pain and suffering only, which Ms.

Scarantino agreed to. The court awarded Ms.

Scarantino a lump sum payment of $40,000.00 for pain and suffering.