Edithe Swensen v. HHS - Influenza, Left Shoulder SIRVA injury, tendinitis, impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis (2018)

Filed 2017-11-17Decided 2018-02-08Vaccine Influenza
compensated$85,000

Case summary [AI summaries can sometimes make mistakes]

Edithe Swensen filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, alleging that her influenza vaccine received on November 24, 2015, caused a left-sided shoulder injury related to vaccine administration (SIRVA), along with tendinitis, impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis. The case was assigned to the Special Processing Unit.

On June 19, 2017, the Chief Special Master issued a ruling on entitlement, finding Ms. Swensen entitled to compensation.

The respondent conceded that her alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. Based on this concession and the evidence, entitlement was granted.

Subsequently, on September 21, 2017, the respondent filed a proffer on award of compensation, recommending an award of $85,000.00, which Ms. Swensen agreed to.

This amount was intended to cover all elements of compensation available under the Vaccine Act. The decision dated February 8, 2018, awarded Ms.

Swensen a lump sum payment of $85,000.00.

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