Cheryl Gill v. HHS - Influenza, left shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Gill, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder injuries as a result of her September 26, 2014 influenza vaccination. The case was assigned to the Special Processing Unit.
Respondent initially contested whether Ms. Gill experienced pain within 48 hours of receiving the vaccine.
Following a fact hearing, the Chief Special Master found that the onset of her left shoulder pain was within 48 hours of the vaccination. Respondent then filed an amended report, accepting this factual finding as the law of the case and stating they would not defend on other grounds.
Respondent acknowledged that if the claim were governed by the amended Vaccine Injury Table, the factual findings would lead to a presumption of SIRVA. Although the revised Table did not apply to this case, respondent requested a ruling on the record regarding entitlement.
Based on the record and respondent's position, the court found Ms. Gill entitled to compensation for SIRVA.
Subsequently, on August 14, 2019, a decision awarding damages was issued. Respondent had filed a proffer indicating that Ms.
Gill should be awarded $70,000.00, which Ms. Gill agreed with.
The court awarded Ms. Gill a lump sum payment of $70,000.00 as compensation for all damages.