Michaelanne Graeff v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Michaelanne Graeff filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left shoulder on September 22, 2015. The respondent conceded that Ms.
Graeff was entitled to compensation. The respondent's Rule 4(c) report detailed that Ms.
Graeff had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injection site. The respondent also agreed that Ms.
Graeff met the statutory and jurisdictional requirements for a Table injury. A ruling on entitlement was issued on May 21, 2018, finding her eligible for compensation.
Subsequently, on October 17, 2018, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $138,060.26, which included $137,500.00 for pain and suffering (reduced to net present value) and $560.26 for past unreimbursable expenses.
A decision awarding damages was issued on December 12, 2018, granting the lump sum payment to Ms. Graeff.
Source PDFs
USCOURTS-cofc-1_17-vv-01062