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

Debora Boice 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 vaccine she received on October 23, 2018. The petition was filed on January 12, 2021.

Ms. Boice alleged that the vaccine was received in the United States, her symptoms continued for more than six months, and she had not previously received compensation for her injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Boice's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table.

The respondent agreed that she had no prior history of shoulder issues, her pain occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained her pain. The respondent also agreed that her symptoms persisted for more than six months and that she met all legal prerequisites for compensation.

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

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $100,000.00 for past pain and suffering, which Ms. Boice agreed to.

The Chief Special Master issued a decision awarding Ms. Boice a lump sum payment of $100,000.00 for all damages available under the Act.