Jennifer L. Walston v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Jennifer L. Walston filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 29, 2021.

She stated the vaccine was administered in the U.S., she suffered residual effects for more than six months, and had not filed a civil action. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Walston was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain occurring within 48 hours post-vaccination, and symptoms limited to the injection site shoulder.

The respondent also confirmed she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement.

Subsequently, the respondent filed a proffer on award of compensation, which Ms. Walston agreed to.

The proffer detailed an award of $80,000.00 for pain and suffering and $894.51 for past unreimbursable expenses, offset by $9,977.04 in disability benefits received. The total award was calculated as $70,917.47.

The Chief Special Master issued a decision awarding this lump sum payment to Ms. Walston.