Betty D. Backman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2016-04-11Decided 2018-02-09Vaccine Influenza
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Betty D. Backman filed a petition for compensation on April 11, 2016, alleging she suffered shoulder injuries as a result of receiving an influenza vaccine on November 12, 2014.

Respondent initially argued that the claim should be denied, citing a lack of evidence regarding the injection site, causation, and a history of a prior rotator cuff tear. A fact hearing was held, during which the undersigned Chief Special Master made factual findings that the vaccine was administered to the left arm, pain onset was almost immediate, and the delay in reporting symptoms was plausibly explained by an acute bronchial illness.

The court determined that petitioner met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). Subsequently, the parties filed a joint stipulation agreeing to settle the case.

On February 9, 2018, the court issued a decision awarding Betty D. Backman $45,000.00 in compensation for her SIRVA.

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