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

Rebecca Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 16, 2022 influenza vaccination. The petition stated that her injury was a Table injury and that she suffered residual effects for more than six months.

Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, pain within 48 hours of vaccination, pain limited to the injection site, and no other identified condition to explain the pain. Respondent also agreed that Petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation.

A ruling on entitlement was issued on November 13, 2024, finding Petitioner entitled to compensation. Subsequently, on March 25, 2025, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $57,500.00 for pain and suffering and $2,373.99 for past unreimbursable expenses, totaling $59,873.99.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $59,873.99.