Jessica Willey Delles v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Jessica Willey Delles filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2020. The petition stated that the residual effects of her injury lasted for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA. The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and the petitioner satisfied the statutory severity requirement by experiencing residual effects for more than six months post-vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 28, 2023, finding the petitioner entitled to compensation.

Subsequently, on July 3, 2023, the respondent filed a proffer on the award of compensation. The proffer recommended an award of $57,990.21, comprising $57,500.00 for pain and suffering and $490.21 for past unreimbursable expenses.

The petitioner agreed with this proffered award. On July 5, 2023, Chief Special Master Corcoran issued a decision awarding the petitioner the sum of $57,990.21 as a lump sum payment, in the form of a check payable to the petitioner.

This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was Matthew F.

Belanger of Faraci Lange, LLP, and respondent's counsel was Jamica Marie Littles of the U.S. Department of Justice.