Molly Anderson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Filed 2018-06-06Decided 2019-11-08Vaccine Influenza
compensated$55,210

Case summary [AI summaries can sometimes make mistakes]

Molly Anderson 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 September 26, 2017, influenza vaccination. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that petitioner was entitled to compensation.

The respondent determined that petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation.

Subsequently, a ruling on entitlement was issued on April 17, 2019, finding petitioner entitled to compensation. On August 14, 2019, the respondent filed a proffer on award of compensation, recommending a lump sum payment of $55,210.00.

This amount represented $55,000.00 for pain and suffering and $210.00 for past unreimbursable expenses. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding damages on November 8, 2019, granting Molly Anderson a lump sum payment of $55,210.00.

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