Evelyn Bell v. HHS - Influenza, left brachial plexopathy/neuritis; Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2016)

Filed 2015-12-30Decided 2016-08-29Vaccine Influenza
compensated$172,485

Case summary [AI summaries can sometimes make mistakes]

Evelyn Bell filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered from left brachial plexopathy as a result of an influenza vaccine she received on September 19, 2014. The respondent conceded that Ms.

Bell was entitled to a presumption of causation because her left-sided brachial neuritis manifested between two and twenty-eight days after her vaccination, and there was no evidence that her condition was due to an unrelated factor. The respondent further agreed that her condition persisted for more than six months, satisfying the legal prerequisites for compensation.

A ruling on entitlement was issued on April 11, 2016, finding Ms. Bell entitled to compensation.

Subsequently, on July 6, 2016, the respondent filed a proffer on award of compensation, indicating that Ms. Bell should be awarded $172,485.00, an amount to which Ms.

Bell agreed. The Chief Special Master issued a decision awarding Ms.

Bell a lump sum payment of $172,485.00 on August 29, 2016, representing compensation for all damages available under the Vaccine Act.

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