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

Veronica Demoss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 1, 2019. She stated the vaccine was received in the United States, she suffered residual effects for more than six months, and no other action or compensation had been sought for her injuries.

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

The Secretary agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, her pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.

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

Subsequently, a decision awarding damages was issued. The respondent filed a proffer indicating an award of $87,550.80, which Ms.

Demoss agreed to. This award was comprised of $80,000.00 for pain and suffering, $4,540.95 for past unreimbursable expenses, and $3,009.85 for past lost wages.

The court awarded Ms. Demoss the lump sum of $87,550.80.