Lisa West-Thomas v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Lisa West-Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 27, 2022. She further alleged that her symptoms persisted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation. The respondent stated that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.

Although the petitioner had a history of bilateral upper extremity pain in September 2021, the respondent determined that prior left arm pain would not explain the signs, symptoms, examination findings, and diagnostic studies occurring after the vaccine injection, including the petitioner's left shoulder bursitis. The respondent further agreed that the petitioner suffered the residual effects of her condition for more than six months and has therefore satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on November 22, 2024, finding the petitioner entitled to compensation. Subsequently, on April 15, 2025, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded a total of $113,883.44.

This amount consists of $110,000.00 for pain and suffering and $3,883.44 for lost wages. The petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding damages on May 16, 2025, granting the lump sum payment of $113,883.44.