Della Cantrell v. HHS - Influenza, severe left shoulder pain (2018)
Case summary [AI summaries can sometimes make mistakes]
Della Cantrell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered severe left shoulder pain resulting from an influenza vaccination on October 3, 2015. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine.
Respondent also agreed that no other causes were identified, that her SIRVA condition persisted for more than six months, and that she met all legal prerequisites for compensation. The Chief Special Master issued a ruling on entitlement based on this concession.
Subsequently, the parties submitted a proffer on the award of compensation, agreeing that Della Cantrell should receive $112,500.00. This amount represents compensation for all damages available under the Vaccine Act.
The court awarded this lump sum payment to Della Cantrell, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_16-vv-01581