Delby Pool v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Delby Pool 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 an influenza vaccination received on September 11, 2021. The petition stated that her injury caused residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent specifically agreed that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Petitioner had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that the residual effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $40,618.07, which included $40,000.00 for pain and suffering and $618.07 for past unreimbursable expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding damages in the agreed-upon amount, directing that the compensation be paid as a lump sum to Delby Pool.