Jennifer Capobianco-Petras v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Jennifer Capobianco-Petras filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 23, 2021. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had received no prior award.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Following the ruling on entitlement, the respondent filed a proffer on award of compensation.

The court awarded Jennifer Capobianco-Petras a total of $60,105.99, comprised of $60,000.00 for pain and suffering and $105.99 for past unreimbursable expenses, to be paid as a lump sum.