Joyce Stegall v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Joyce Stegall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 28, 2021. She stated that the vaccine was received in the United States, her symptoms persisted for more than six months, and she had not received any prior compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Stegall is entitled to compensation.

The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed that her symptoms lasted more than six months and she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Stegall entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent had filed a proffer indicating an award of $67,000.00, which Ms.

Stegall agreed to. The court awarded Ms.

Stegall a lump sum of $67,000.00 for pain and suffering, representing compensation for all available damages under Section 15(a) of the Act.