Maria Alsip v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Maria Alsip filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2020. Petitioner alleged she received the vaccine in the United States and that the residual effects of her SIRVA lasted for more than six months.

The case was assigned to the Special Processing Unit. On September 13, 2022, Petitioner requested a fact ruling on the six-month severity requirement, which Respondent contested.

On March 22, 2023, the Special Master issued a fact ruling finding that Petitioner had suffered the residual effects of her alleged SIRVA injury for more than six months. On May 15, 2023, Respondent filed a Rule 4(c) Report, stating that while reserving the right to appeal the March 22, 2023 findings, Respondent did not dispute that Petitioner had otherwise satisfied the criteria for a SIRVA injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation.

Based on Respondent's position and the record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement finding Petitioner entitled to compensation.

Subsequently, on May 23, 2023, Respondent filed a proffer on the award of damages, proposing an award of $55,570.35, consisting of $55,000.00 for pain and suffering and $570.35 for past unreimbursed expenses. Respondent stated that Petitioner agreed with this proffered award and that she was a competent adult.

On June 26, 2023, Chief Special Master Corcoran issued a decision awarding compensation in the amount of $55,570.35, payable as a lump sum check to Petitioner. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Voris Edward Johnson of the U.S.

Department of Justice.