Deborah Coutu v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Deborah Coutu 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 February 8, 2018. The respondent conceded that Ms.
Coutu is entitled to compensation, agreeing that her injury met the criteria for a SIRVA Table injury. Specifically, the respondent noted that Ms.
Coutu had no recent history of shoulder issues, that her pain began within 48 hours of the vaccination, that the pain was localized to the injection site, and that no other condition could explain her symptoms. The respondent also agreed that her injury lasted longer than six months.
Based on the concession and the evidence, the court found Ms. Coutu entitled to compensation.
Subsequently, the parties reached a stipulation for damages. The court awarded Ms.
Coutu a total of $119,867.00, which included $115,000.00 for pain and suffering and $4,867.00 for past unreimbursable expenses. This award was paid as a lump sum to Ms.
Coutu, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_19-vv-00548