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

Amber Pennington 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 September 27, 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 Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that 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 finding Petitioner entitled to compensation.

Subsequently, the parties submitted a Proffer on award of compensation. The respondent recommended, and Petitioner agreed, that she should be awarded $112,500.00 for pain and suffering, $7,325.20 for past unreimbursable expenses, and $2,090.02 for past lost wages.

The Chief Special Master issued a Decision Awarding Damages, awarding Petitioner a total lump sum payment of $121,915.22, representing compensation for all damages available under the Act.