Flora Adler v. HHS - Prevnar 13, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Flora Adler filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the Prevnar 13 vaccine on June 22, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms.
Adler was entitled to compensation. The respondent stated that the evidence established her injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other causes identified.
The respondent also confirmed that all statutory and jurisdictional requirements were met, including the injury having persisted for more than six months. Based on the respondent's concession and the record, the Chief Special Master found Ms.
Adler entitled to compensation. Subsequently, a decision awarding damages was issued.
The respondent had filed a proffer on award of compensation, indicating Ms. Adler should be awarded $102,189.04, with petitioner agreeing to this amount.
The court awarded Ms. Adler a lump sum payment of $102,189.04, representing compensation for all damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_16-vv-00960