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

Teresa Jupiter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 2, 2021. She stated the vaccine was administered in the United States, her injury had residual effects for more than six months, and she had received no prior award.

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

The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued on April 17, 2024, finding Ms.

Jupiter entitled to compensation. On July 15, 2024, the respondent filed a proffer on award of compensation, proposing an award of $75,000 for pain and suffering and $1,270.47 to satisfy a Medicaid lien.

Ms. Jupiter agreed with this proffered award.

The Chief Special Master issued a decision awarding compensation totaling $76,270.47, consisting of a lump sum of $75,000 for pain and suffering and $1,270.47 for the Medicaid lien, payable jointly to Ms. Jupiter and Optum.