Laurel Bennett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Laurel Bennett 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 vaccine she received on October 2, 2020. The respondent conceded that Petitioner is entitled to compensation, stating that her injury was consistent with SIRVA as defined by the Vaccine Injury Table.

Specifically, the respondent noted that Petitioner had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition could explain the pain. The respondent also agreed that Petitioner suffered residual effects for more than six months.

Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $47,640.00, comprising $47,500.00 for pain and suffering and $140.00 for out-of-pocket expenses.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $47,640.00, representing compensation for all damages available under the Vaccine Act.