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

Megan Hartz 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 received on October 5, 2020. She claimed the injury was a Table injury and that its residual effects lasted for more than six months.

The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Ms.

Hartz had no prior history of shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The case proceeded to a damages hearing because the parties could not informally resolve the issue.

Ms. Hartz sought $80,000 for pain and suffering and $36.22 for mileage expenses.

The respondent recommended $42,500 for pain and suffering and $10.49 for mileage. The Chief Special Master awarded Ms.

Hartz $50,000 for pain and suffering and $36.22 for unreimbursed expenses, totaling $50,036.22, representing compensation for all damages available under the Act.