Mary Swearer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Mary Swearer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury causally related to an influenza vaccination she received on November 14, 2016. The case was assigned to the Special Processing Unit.
On October 30, 2019, a ruling of facts was issued, establishing that the flu vaccination was administered in her left deltoid, the onset of her shoulder injury related to vaccine administration (SIRVA) occurred within 48 hours of vaccination, and she suffered residual effects for more than six months. Subsequently, on February 5, 2020, a ruling on entitlement found Ms.
Swearer entitled to compensation for her Table SIRVA injury. Respondent indicated he would not defend the case on other grounds and was willing to consider a damages demand.
On April 10, 2020, the parties filed a proffer on award of compensation, agreeing that Ms. Swearer should be awarded $65,862.53.
The decision awarded Ms. Swearer a lump sum payment of $65,862.53, representing compensation for all damages available under the Act.