Lisa Egger v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Lisa Egger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 9, 2017. The respondent initially contested entitlement, arguing that Ms.
Egger could not demonstrate a Table SIRVA within the appropriate timeframe and failed to establish causation-in-fact. Ms.
Egger submitted medical records and affidavits asserting her shoulder pain began within 48 hours of vaccination. The court found that Ms.
Egger provided preponderant evidence satisfying all requirements for a Table SIRVA claim, including that her pain began within 48 hours of the vaccination and was limited to her left shoulder. The court also found that her pre-existing thyroiditis did not explain the shoulder injury, though it may have impacted recovery.
Consequently, Ms. Egger was found entitled to compensation.
Subsequently, the parties reached a stipulation for damages. The court awarded Ms.
Egger a total of $53,051.54, comprising $52,250.00 for pain and suffering and $801.54 for past unreimbursable expenses.
Source PDFs
USCOURTS-cofc-1_19-vv-00098