Mary Dischinger v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Mary Dischinger filed a petition for vaccine compensation on February 6, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. The vaccination occurred on September 9, 2015, in the United States.
Petitioner stated that the injury affected her for more than six months and that she had no prior award or settlement for this condition. Respondent denied that the flu vaccine caused her injury.
Despite this denial, the parties filed a joint stipulation on August 30, 2019, agreeing to settle the case and award compensation. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision.
Mary Dischinger was awarded a lump sum of $80,000.00, representing compensation for all items of damages available under the Vaccine Act. This award was for pain and suffering and covered all damages.
The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The decision was issued on November 13, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-00187