Martha Delgado v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Martha Delgado 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 10, 2020. She further alleged that the effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with a left-sided SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. A Ruling on Entitlement was issued on July 28, 2023, finding Petitioner entitled to compensation.

Subsequently, on August 1, 2023, the respondent filed a Proffer on award of compensation, proposing an award of $51,160.00, which Petitioner agreed to. This amount included $50,500.00 for pain and suffering and $660.00 for past unreimbursable expenses.

A Decision Awarding Damages was issued on October 27, 2023, awarding Petitioner the lump sum of $51,160.00. The case proceeded as a Table claim, and the parties stipulated to the damages.