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

Mikka Painter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 5, 2020. She claimed the injury resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Petitioner had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site shoulder, and no other condition explained the pain.

The respondent also agreed that the injury's effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $58,459.57, which included $57,500.00 for pain and suffering, $253.34 for past unreimbursed expenses, and $706.23 for past lost wages.

Petitioner agreed with this award. The court awarded the lump sum payment of $58,459.57 to Mikka Painter.