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

Mary Hay 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 vaccine she received on October 28, 2020. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that Ms. Hay suffered the effects of her injury for more than six months and met all other legal requirements for compensation.

A ruling on entitlement was issued on June 5, 2024, finding her entitled to compensation. Subsequently, on July 16, 2024, a decision awarding damages was issued.

The parties stipulated to an award of $60,509.05, comprising $60,000.00 for pain and suffering and $509.05 for past unreimbursable expenses. This amount was awarded as a lump sum payment to Mary Hay, who is a competent adult.