Rebecca Sandler v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Rebecca Sandler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on September 22, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that compensation was appropriate, finding that her injury was consistent with SIRVA as defined on the Vaccine Injury Table.
Specifically, she had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, and her symptoms were limited to the affected shoulder. The respondent's Rule 4(c) report confirmed these findings and indicated that no other condition could explain her symptoms.
Subsequently, a ruling on entitlement was issued on October 5, 2018, finding Ms. Sandler entitled to compensation.
On January 30, 2019, the parties submitted a proffer for an award of compensation. The decision awarding damages, dated March 5, 2019, granted Ms.
Sandler a lump sum payment of $93,200.76. This amount included $90,000.00 for pain and suffering and $3,200.76 for past out-of-pocket medical expenses, representing all damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_17-vv-01773