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

Gail Mitchell 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 vaccination on October 29, 2022. She further alleged that the injury caused residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Following this concession, a Ruling on Entitlement was issued on March 4, 2025, finding Ms.

Mitchell entitled to compensation. Subsequently, on March 26, 2025, the respondent filed a Proffer on Award of Compensation, recommending an award of $70,000.00 for pain and suffering and $370.98 for past unreimbursable expenses, totaling $70,370.98.

Ms. Mitchell agreed with this proffered award.

The Chief Special Master issued a Decision Awarding Damages on April 28, 2025, awarding Ms. Mitchell the stipulated amount of $70,370.98 as a lump sum payment.

This award covers all damages available under the Act for her SIRVA.