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

Jessica Berthold filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 20, 2021. The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table.

Specifically, the respondent noted that Petitioner had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder, with no other identified condition explaining the symptoms. The respondent also confirmed that Petitioner's injuries lasted more than six months and all legal prerequisites were met.

Following the ruling on entitlement, the respondent filed a proffer on award of compensation, recommending an award of $97,500.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master awarded Petitioner a lump sum payment of $97,500.00.