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

Melissa Teichner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 18, 2019. She further alleged that she suffered residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages, conceding that Petitioner is entitled to compensation. The respondent stated that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours post-vaccination, pain was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent's proffer indicated an award of $70,131.58, comprising $67,500.00 for pain and suffering and $2,631.58 for past unreimbursable expenses, which Petitioner agreed to.

The court awarded this lump sum payment to Melissa Teichner.