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

Ashley Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 7, 2021. The petition stated that the injury caused pain and impairment lasting longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained the pain.

The respondent also agreed that the injury's residual effects lasted more than six months and that Petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, a ruling on entitlement found Petitioner entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $50,225.00, which included $50,000.00 for pain and suffering and $225.00 for past unreimbursable expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding Ashley Jennings a lump sum payment of $50,225.00.