Cassy Martell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Cassy Martell 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 receiving an influenza vaccination on December 1, 2020. She stated that the vaccine was administered in the United States, that her injury caused residual effects for more than six months, and that she had not received a prior award or settlement for this injury.

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

The respondent confirmed that her injury was consistent with SIRVA, noting she had no prior shoulder issues, the 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 she met the duration requirement and all other compensation requirements.

Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued.

The respondent had proffered an award of $47,500.00 for pain and suffering, which Ms. Martell agreed to.

The court awarded Ms. Martell a lump sum payment of $47,500.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.