Susan Fenar v. HHS - Influenza, right shoulder injuries related to vaccine administration (SIRVA) (2022)

Susan Fenar filed a petition for compensation on January 12, 2021, alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Fenar was entitled to compensation. The respondent determined that Ms.

Fenar satisfied the criteria for SIRVA on the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that she met the statutory severity requirement of suffering symptoms for more than six months after vaccination. A ruling on entitlement was issued by Chief Special Master Brian H.

Corcoran on August 5, 2022, finding Ms. Fenar entitled to compensation.

Subsequently, on September 30, 2022, the parties filed a stipulation and proffer regarding the award of damages. The public decision, issued by Chief Special Master Brian H.

Corcoran on December 5, 2022, awarded Ms. Fenar a lump sum payment of $55,308.00.

This award included $55,000.00 for pain and suffering and $308.00 for past unreimbursable expenses. Petitioner counsel was Leigh Finfer of Muller Brazil, LLP, and respondent counsel was Martin Conway Galvin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms.

Fenar, nor does it name any medical experts.