Anthony Partee v. HHS - Influenza, Shoulder injuries related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Anthony Partee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 25, 2017. The respondent conceded that Mr.
Partee was entitled to compensation, agreeing that his medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Mr.
Partee had no pre-vaccination history of shoulder pain or dysfunction, that the pain occurred within 48 hours after the vaccination, and that the pain and reduced range of motion were limited to the shoulder in which the vaccine was administered. The respondent also agreed that Mr.
Partee suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on September 23, 2020, finding Mr.
Partee entitled to compensation. Subsequently, on December 30, 2020, the respondent filed a proffer on award of compensation, recommending an award of $87,500.00 for pain and suffering, which Mr.
Partee agreed to. On February 23, 2021, the court issued a decision awarding Mr.
Partee a lump sum payment of $87,500.00 for pain and suffering.
Source PDFs
USCOURTS-cofc-1_18-vv-01689