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

Nora Wyman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 30, 2020. She further alleged that she suffered the residual effects of her condition for more than six months.

The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain.

The respondent also agreed that she suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on August 14, 2023, finding Petitioner entitled to compensation.

Subsequently, on March 26, 2024, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $98,701.86. This amount consists of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical expenses.

Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on May 1, 2024, granting the lump sum payment of $98,701.86.