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

Regina McGillivray filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2020. She stated that this was a defined Table Injury and that she received the vaccine within the United States.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, a ruling on entitlement was issued finding Petitioner entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $102,500.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $102,500.00 for pain and suffering.