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

Brianna Aguilar 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 September 17, 2019. She stated the vaccine was administered in the United States, her shoulder pain and dysfunction persisted for more than six months, and no prior action or compensation had been sought for this injury.

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

The respondent agreed that she had no prior history of shoulder issues, that her pain onset was within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the injury met the statutory severity requirement of lasting more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Aguilar entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $70,805.52, which Ms.

Aguilar agreed to. This amount was comprised of $70,000.00 for past pain and suffering and $805.52 for past unreimbursable expenses.

The court awarded this lump sum payment to Ms. Aguilar.