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

Melanie Worsley 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 she received on October 24, 2018. The petition was filed on August 9, 2021.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Worsley is entitled to compensation.

The respondent agreed that her injury qualified as a SIRVA Table injury, that she received the vaccine in the United States, and that her symptoms lasted longer than six months, satisfying the statutory severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement on May 30, 2023, finding Ms.

Worsley entitled to compensation. Subsequently, on June 28, 2023, the respondent filed a proffer on award of compensation, recommending an award of $65,000.00, which Ms.

Worsley agreed to. On August 2, 2023, the Chief Special Master issued a decision awarding Ms.

Worsley a lump sum payment of $65,000.00 for all damages available under the Vaccine Act, representing compensation for pain and suffering.