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

Li Ha 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 January 4, 2021. The petition was filed on August 24, 2022.

Respondent filed a Rule 4(c) report conceding entitlement, stating that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent agreed that Petitioner had no prior shoulder issues, that pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain.

Respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the concession, a ruling on entitlement was issued on September 11, 2023, finding Li Ha entitled to compensation.

Subsequently, on October 24, 2023, Respondent filed a proffer on award of damages, proposing an award of $111,347.40, which included $110,000.00 for pain and suffering and $1,347.40 for past unreimbursed expenses. Petitioner agreed with this proffered award.

A decision awarding damages was issued on November 27, 2023, granting Li Ha a lump sum payment of $111,347.40.