Erica Linegar v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Erica Linegar filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her left shoulder as a result of an influenza vaccine she received on December 11, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters.
Respondent conceded that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), which is a Table injury. Respondent also agreed that no other causes for petitioner's SIRVA were identified and that she met the statutory requirements by suffering the condition for more than six months.
Based on respondent's concession and the evidence of record, the Chief Special Master found that petitioner was entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation, agreeing that petitioner should be awarded $96,500.00.
This amount represents compensation for all elements of damages available under the Vaccine Act. The Chief Special Master awarded petitioner a lump sum payment of $96,500.00.
Source PDFs
USCOURTS-cofc-1_17-vv-00521