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

Marijo Washburn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 9, 2019. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Respondent initially contested entitlement, arguing that Petitioner had not established a Table claim because she did not experience reduced range of motion and her pain was not limited to her shoulder. However, the Chief Special Master issued a Ruling on Entitlement on January 25, 2024, finding that Petitioner was entitled to compensation for a Table SIRVA.

The ruling detailed the medical records, noting that Petitioner reported shoulder pain twenty days after vaccination, which she associated with the vaccine. While reduced range of motion did not appear immediately, it later manifested, and the court found that the pain, though sometimes radiating, was primarily focused on the shoulder.

The court determined that Petitioner met all the criteria for a Table SIRVA, including no prior shoulder condition, onset of pain within 48 hours of vaccination, pain limited to the shoulder, and no other explanatory condition. The parties subsequently filed a proffer on award of compensation.

On March 8, 2024, Respondent submitted a proffer indicating that Petitioner should be awarded $62,864.76, comprised of $60,000.00 for pain and suffering and $2,864.76 for out-of-pocket expenses. Petitioner agreed with this award.

On April 12, 2024, a Decision Awarding Damages was issued, granting Petitioner the stipulated lump sum payment of $62,864.76.