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

Shannon Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program on September 8, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 5, 2022.

Ms. Roberts stated that the vaccine was administered in the United States, her SIRVA symptoms persisted for more than six months, and she had not previously filed an action or received compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 19, 2024, conceding that Ms. Roberts 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 after the intramuscular vaccination, the pain was limited to the shoulder where the vaccine was administered, and no other condition could explain the pain. The respondent also agreed that Ms.

Roberts met all legal prerequisites for compensation, including suffering residual effects of her condition for more than six months. On March 20, 2024, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Roberts entitled to compensation.

Subsequently, on August 12, 2024, the respondent filed a proffer on the award of compensation, proposing an award of $95,000.00, which Ms. Roberts agreed to.

Chief Special Master Corcoran issued a decision on September 12, 2024, awarding Shannon Roberts a lump sum payment of $95,000.00 in pain and suffering, payable by check to Ms. Roberts.

Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent's counsel was Jay Travis Williamson of the U.S.

Department of Justice.