Lisa Egger v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2019-01-18Decided 2023-01-23Vaccine Influenza
compensated$53,051

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.

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