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

Wanda Anthony filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 11, 2020. She stated that the vaccine was administered in the United States, her SIRVA symptoms persisted for more than six months, and she had not received any other compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Anthony's claim met the Table criteria for SIRVA, thus entitling her to a presumption of vaccine causation.

The respondent agreed that the case was timely filed, the vaccine was received in the United States, and Ms. Anthony satisfied the statutory severity requirement.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Anthony entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00 for pain and suffering, which Ms. Anthony agreed to.

The court awarded Ms. Anthony a lump sum payment of $125,000.00 for pain and suffering.