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

Carolyn Scott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 14, 2022. She alleged the injury lasted longer than six months and that she had not received other compensation for it.

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

The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition lasted more than six months and that she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Scott entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $71,521.06, which included $67,500.00 for pain and suffering and $4,021.06 for past unreimbursable expenses. Ms.

Scott agreed with this proffered award. The Chief Special Master issued a decision awarding Ms.

Scott the lump sum of $71,521.06.