Wilma Rivers v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Wilma Rivers filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her February 1, 2017 influenza vaccination. The respondent conceded entitlement, stating that her injury was consistent with SIRVA as defined on the Vaccine Injury Table.
The respondent noted that she had no prior history of shoulder pain, the pain occurred within 48 hours after vaccination, was limited to the left shoulder where the vaccine was administered, and no other condition explained the pain. Furthermore, she suffered residual effects for more than six months.
Based on this concession and the evidence, the court found her entitled to compensation. Subsequently, the parties stipulated to an award of $93,865.00, representing all elements of compensation available under the Act.
This amount was awarded as a lump sum payment to Wilma Rivers, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_17-vv-01361