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

Patricia Dietrich filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination received on October 4, 2022. She further alleged that she suffered the residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Ms.

Dietrich had no prior history of shoulder issues, that her pain occurred within forty-eight hours after the vaccination, that the pain and reduced range of motion were limited to the shoulder of injection, and that no other condition explained her symptoms. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms.

Dietrich entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms.

Dietrich should be awarded $55,000.00 for pain and suffering and $52.77 for past unreimbursable expenses, which Ms. Dietrich agreed to.

The court awarded a lump sum payment of $55,052.77.