Shawanda O’Brien v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2023-12-20Decided 2025-01-02Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Shawanda O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2021. She stated that the injury was a defined Table injury, that she received the vaccine in the United States, that her SIRVA symptoms persisted for more than six months, and that no civil action had been filed or compensation received for the injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that O’Brien was entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding O’Brien entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $55,000.00 for pain and suffering, which O’Brien agreed to. The Chief Special Master issued a Decision Awarding Damages, awarding O’Brien a lump sum payment of $55,000.00 for pain and suffering.

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