Es Mae Rose v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2024)

Es Mae Rose filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed a right-sided shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination she received on September 27, 2018. She further alleged that her injury persisted for more than six months.

The respondent conceded that Ms. Rose is entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table for SIRVA.

The respondent also confirmed that Ms. Rose timely filed her case, received the vaccine in the United States, and satisfied the statutory severity requirement.

Based on the respondent's concession and the evidence, the court found Ms. Rose entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $82,500.00 for pain and suffering, which Ms.

Rose agreed to. The court awarded Ms.

Rose a lump sum payment of $82,500.00 for pain and suffering.