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

Destinee Ober filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 21, 2022. She further alleged that her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, conceded that Petitioner is entitled to compensation. The respondent stated that Petitioner had no prior history of shoulder issues, experienced pain within forty-eight hours after the vaccination, the pain was limited to the injection site, and no other condition explained the pain beyond an independent SLAP tear.

The respondent agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $97,965.14 for pain and suffering and lost wages, and $1,879.04 to satisfy a Medicaid lien, totaling $99,844.18.

Petitioner agreed with the proffered award. The court awarded Destinee Ober a lump sum of $97,965.14 for pain and suffering and lost wages, and a lump sum of $1,879.04 to satisfy the Connecticut Administrative Services Medicaid lien.