Shirley Garrett v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Shirley Garrett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury caused by an influenza vaccination she received on October 12, 2015. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms.
Garrett satisfied the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The respondent further acknowledged that she suffered residual effects for more than six months.
Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Garrett entitled to compensation.
Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $60,115.63, comprising $60,000 for pain and suffering and $115.63 for past unreimbursable medical expenses.
Ms. Garrett agreed to this award.
The court issued a decision awarding this lump sum payment to Ms. Garrett.