Grisel Escalera v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Grisel Escalera filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 16, 2020. The injury was alleged to have persisted for longer than six months.

The respondent filed a Rule 4(c) report conceding that Petitioner's injury was consistent with a left-sided SIRVA as defined by the Vaccine Injury Table. The respondent stated that Petitioner had no prior history of left shoulder issues, pain occurred within 48 hours of vaccination, pain was limited to the injection shoulder, and no other condition explained the pain.

Based on the respondent's concession and the record, entitlement to compensation was granted on February 11, 2025. Subsequently, on March 20, 2025, the respondent filed a proffer on award of compensation, proposing an award of $107,500.00.

This amount was comprised of $102,500.00 for pain and suffering and $5,000.00 for lost earnings. Petitioner agreed with the proffered award.

On April 23, 2025, the court issued a decision awarding Petitioner the lump sum of $107,500.00, representing compensation for all damages available under the Act.