Ilene Robinson Sunshine v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Ilene Robinson Sunshine filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 17, 2020. She alleged that she received the vaccine in the United States, her symptoms persisted for more than six months, and no lawsuits had been filed related to her vaccine-related injuries.

The respondent conceded that Petitioner was entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, pain occurred within 48 hours after vaccination, the pain was limited to the injection site, and no other condition explained her shoulder pain.

The respondent further agreed that her symptoms persisted for more than six months and she satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 22, 2023, finding Petitioner entitled to compensation.

Subsequently, on April 17, 2024, the respondent filed a proffer on award of compensation, recommending an award of $100,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $100,000.00 for pain and suffering.