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

Charlene Carter filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 18, 2020.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 18, 2023, conceding that Ms. Carter was entitled to compensation.

The respondent agreed that her injury met the criteria for SIRVA as set forth in the Vaccine Injury Table and that she satisfied all legal requirements for compensation under the Vaccine Act. On August 21, 2023, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Ms. Carter eligible for compensation.

Subsequently, on September 13, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Carter agreed to.

On September 14, 2023, Chief Special Master Corcoran issued a Decision on Damages. Ms.

Carter was awarded a total of $108,133.23, consisting of a lump sum payment of $105,000.00 for pain and suffering and $3,133.23 for past unreimbursable expenses. This award represents all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Meghan Murphy of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.