Amy Painter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-09-26Decided 2017-10-25Vaccine Influenza
compensated$101,427

Case summary [AI summaries can sometimes make mistakes]

Amy Painter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her January 9, 2013 influenza vaccination. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Painter's injury was consistent with SIRVA and was caused by the flu vaccine. The respondent also agreed that no other cause for the injury was identified and that Ms.

Painter met all legal prerequisites for compensation, including suffering sequelae for more than six months. Based on the respondent's concession and the evidence, the court found Ms.

Painter entitled to compensation. Subsequently, the parties submitted a proffer for an award of compensation.

The court awarded Ms. Painter a lump sum payment of $101,427.12, representing compensation for all damages available under the Vaccine Act.

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