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

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

The respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating her injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours after vaccination, was limited to the injection site, and no other condition explained the pain.

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

The respondent then filed a proffer on award of compensation, indicating Petitioner should be awarded a total of $96,865.59, consisting of $90,000.00 in pain and suffering and $6,865.59 in past unreimbursable expenses. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding Margaret Hoyt a lump sum payment of $96,865.59.