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

Mary Walsh 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 an influenza vaccination she received on November 13, 2020. The petition was filed on February 14, 2022.

Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, she experienced reduced range of motion, and the pain was limited to the injection site. Respondent also agreed that her condition persisted for more than six months.

Based on Respondent's concession and the evidence, a ruling on entitlement was issued on August 10, 2023, finding Petitioner entitled to compensation. Subsequently, on May 15, 2024, Respondent filed a proffer on award of compensation, agreeing to a total award of $160,442.21.

This amount included $150,000.00 for pain and suffering, $8,647.81 for lost wages, and $1,794.40 for unreimbursed expenses. Petitioner agreed with this proffered award.

A decision awarding damages was issued on June 17, 2024, granting Petitioner a lump sum payment of $160,442.21.