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

Tin Ying, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 29, 2021. The petition stated that the injury persisted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Tin Ying was entitled to compensation. The respondent confirmed that Tin Ying had no prior shoulder issues, experienced pain within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained the pain.

Furthermore, the respondent agreed that the residual effects of the injury lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Tin Ying entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $98,257.02, which included $97,500.00 for pain and suffering and $757.02 for past unreimbursable expenses. Tin Ying agreed with this proffered award.

The Chief Special Master issued a decision awarding Tin Ying the total sum of $98,257.02.