Belinda Dawson-Savard v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Belinda Dawson-Savard filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 10, 2016. The case was assigned to the Special Processing Unit.

On December 12, 2019, the court issued a ruling finding Petitioner entitled to compensation, and a damages order was issued the same day. The parties were unable to reach a resolution on the appropriate amount of damages for pain and suffering.

After giving the parties an opportunity to file written briefs, an expedited hearing was held on June 26, 2020. On July 14, 2020, the court issued a damages ruling awarding Petitioner $130,000.00 for actual pain and suffering and $13,500.00 for future pain and suffering.

The parties were ordered to convert the future pain and suffering award to its net present value and report on any other outstanding items of damages. On August 13, 2020, the parties filed a joint status report agreeing that the net present value of the future pain and suffering award was $11,009.25 and reporting no other unresolved issues.

Therefore, the court awarded Petitioner a lump sum payment of $169,184.49, which included $130,000.00 for actual pain and suffering, $11,009.25 for future pain and suffering, $28,030.13 for lost wages, and $145.11 for unreimbursed expenses. This award represents compensation for all damages available under the Vaccine Act.