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

Gayle McKay 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 August 18, 2021. She stated that the vaccine was administered in the United States, she suffered residual effects for more than six months, and no other civil action had been filed.

The respondent conceded that Ms. McKay was entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table.

The respondent confirmed that she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the court found Ms. McKay entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $52,500.00 for pain and suffering, which Ms.

McKay agreed to. The court awarded Ms.

McKay a lump sum payment of $52,500.00.