Virginia Shives v. HHS - Influenza, left shoulder and arm pain (2015)
Case summary [AI summaries can sometimes make mistakes]
Virginia Shives filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder and arm pain caused-in-fact by the influenza vaccine she received on September 20, 2013. The respondent conceded that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused in fact by the flu vaccine.
The respondent further agreed that Ms. Shives had satisfied all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the court found Ms. Shives entitled to compensation.
Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $85,000.00 for pain and suffering. The court awarded this amount.
Later, the parties stipulated to attorneys' fees and costs in the amount of $14,413.14, which the court also awarded. Therefore, Virginia Shives was compensated for her SIRVA injury, receiving a total of $99,413.14.