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

Carol French filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on September 12, 2021. She stated that the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not previously received compensation or filed a civil suit for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. French 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 localized to the injection site, and no other condition could explain the pain. The respondent also confirmed that her symptoms lasted over six months and she met all other legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. French entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $45,000.00 for pain and suffering, which Ms.

French agreed to. The court awarded her this lump sum payment.