Kimberly A. Purtill v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kimberly A. Purtill filed a petition for compensation on June 12, 2018, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 30, 2015.
The respondent initially moved to dismiss, arguing that Ms. Purtill failed to provide evidence of the six-month severity requirement.
However, the Chief Special Master denied this motion, finding that the evidence showed her injury persisted for more than six months. The respondent did not raise any other challenges to entitlement.
On May 7, 2020, the Chief Special Master issued a Ruling on Entitlement, finding Ms. Purtill entitled to compensation for a Table SIRVA.
The decision detailed how Ms. Purtill met all the criteria for SIRVA, including lack of prior condition, onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other condition explaining the symptoms.
On December 4, 2020, the respondent filed a proffer agreeing to an award of $50,000.00, which Ms. Purtill accepted.
On February 1, 2021, the court issued a Decision Awarding Damages, granting Ms. Purtill a lump sum payment of $50,000.00.