Cheryl Porter v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Porter filed a claim under the National Vaccine Injury Compensation Program alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on September 28, 2016. The respondent conceded that Ms.
Porter is entitled to compensation, agreeing that she suffered a Table SIRVA and that the statutory six-month sequela requirement was satisfied. A ruling on entitlement was issued on July 13, 2020, finding her eligible for compensation.
Subsequently, on September 11, 2020, the respondent filed a proffer on award of compensation. Ms.
Porter agreed with the proffered award, which totaled $78,420.69. This amount included $75,000.00 for pain and suffering and $3,420.69 for past unreimbursable expenses.
The Chief Special Master issued a decision awarding this amount on October 20, 2020, concluding that Ms. Porter is entitled to compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_19-vv-00458