Linda Wilson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Linda Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her October 26, 2017 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the petitioner was entitled to compensation, as her claim met the Table criteria for SIRVA.
The ruling on entitlement was issued on April 17, 2020. The parties were unable to agree on damages, leading to a decision awarding damages on April 19, 2021.
The court awarded Linda Wilson $132,184.66, comprising $130,000.00 for pain and suffering and $2,184.66 for past unreimbursed expenses. The court found that while Ms.
Wilson experienced significant pain and limitations, her injury was not permanent, and she was not entitled to future pain and suffering damages. The decision noted gaps in treatment and compared her case to prior SIRVA awards.
Source PDFs
USCOURTS-cofc-1_19-vv-00035