Janice Dewall v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)

Filed 2016-02-08Decided 2016-05-18Vaccine Influenza
compensated$103,721

Case summary [AI summaries can sometimes make mistakes]

Janice Dewall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her influenza vaccination on September 12, 2014. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Dewall was entitled to compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA), which was causally related to the flu vaccination. The respondent's Rule 4(c) report stated that the preponderance of the medical evidence indicated a causal relationship and that Ms.

Dewall had satisfied all legal prerequisites for compensation. Subsequently, the parties addressed the amount of compensation.

The respondent filed a proffer on award of compensation, proposing a total lump sum of $103,721.77, which represented all elements of compensation available under the Act. Ms.

Dewall agreed with this proffered award. The Chief Special Master issued a ruling on entitlement on February 8, 2016, finding Ms.

Dewall entitled to compensation. A decision awarding damages was issued on May 18, 2016, awarding Ms.

Dewall a lump sum payment of $103,721.77, payable to her, as compensation for all damages.

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