Raghu Duggirala v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Raghu Duggirala filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. The vaccination date was established as October 4, 2015.
Initially, the respondent moved to dismiss the case, arguing it was untimely filed and not protected by the lookback provision. However, the Chief Special Master denied this motion, finding preponderant evidence that the petitioner's shoulder pain began within 48 hours of vaccination and was limited to his right shoulder, thus meeting the Table SIRVA requirements.
Subsequently, the respondent filed an amended report, agreeing that the petitioner met the criteria for SIRVA and would not contest entitlement further. On June 7, 2021, a ruling on entitlement was issued, finding Mr.
Duggirala entitled to compensation. On September 17, 2021, the respondent proffered an award of $47,000.00 for pain and suffering, which the petitioner agreed to.
The Chief Special Master awarded this lump sum payment to Mr. Duggirala, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_18-vv-01578