Melissa Wolfson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Melissa Wolfson 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 October 24, 2022. She further alleged that she suffered residual effects of her condition for more than six months.
The respondent conceded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that she suffered residual effects for more than six months.
Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Melissa Wolfson entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing a total award of $133,819.24, consisting of $130,000.00 for pain and suffering and $3,819.24 for past unreimbursable expenses.
Melissa Wolfson agreed with this proffered award. The Chief Special Master accepted the proffer and awarded Melissa Wolfson a lump sum payment of $133,819.24.
Source PDFs
USCOURTS-cofc-1_24-vv-00002