Janice Dewall v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
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.
Source PDFs
USCOURTS-cofc-1_15-vv-01138