Cindy Gaughan v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Cindy Gaughan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on September 30, 2020. The petition was filed on October 21, 2021.

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

The respondent confirmed that her injury met the criteria set forth in the Vaccine Injury Table for SIRVA, noting that she had no prior history of shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the injury lasted for more 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, finding Ms. Gaughan entitled to compensation.

Subsequently, the parties filed a proffer on award of compensation. The respondent recommended, and Ms.

Gaughan agreed, that she should be awarded a total of $62,500.00 for past pain and suffering. The Chief Special Master issued a decision awarding this lump sum payment to Ms.

Gaughan.