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

Melissa Rogala filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 24, 2021. She further alleged that her injury resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Rogala's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Rogala entitled to compensation.

Subsequently, the parties submitted a proffer on award of compensation. The respondent recommended an award of $72,998.62, comprising $72,500.00 for pain and suffering and $498.62 for past unreimbursable expenses.

Rogala agreed with this proffered award. The Chief Special Master issued a decision awarding Rogala the lump sum of $72,998.62, representing compensation for all damages available under the Act.