Britta Schwartz v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Britta Schwartz filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 5, 2016. The respondent conceded that Ms.
Schwartz is entitled to compensation, agreeing that she suffered a SIRVA as defined by the Vaccine Injury Table. The respondent noted that she had no prior history of left shoulder pain, that her pain began within 48 hours of the vaccination, and that the pain was limited to the injection site, with no other condition identified to explain her symptoms.
The respondent also agreed that her injury resulted in residual effects for more than six months. The court issued a ruling on entitlement based on this concession.
Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $65,000.00 for Ms.
Schwartz's past and future pain and suffering, which Ms. Schwartz agreed to.
The court awarded her this lump sum payment, representing compensation for all available damages.
Source PDFs
USCOURTS-cofc-1_19-vv-00137