Yong Yu v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Yong Yu filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on January 20, 2018. The respondent conceded that Mr.
Yu is entitled to compensation, stating that he met the criteria for a Table injury. Specifically, the respondent noted that Mr.
Yu had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the injection site shoulder, and no other condition explained his symptoms. Following the ruling on entitlement, the parties submitted a proffer for damages.
The respondent recommended an award of $90,057.66, consisting of $90,000.00 for pain and suffering damages and $57.66 for past unreimbursed expenses. Mr.
Yu agreed with this proffered award. The Chief Special Master issued a decision awarding Mr.
Yu a lump sum payment of $90,057.66, representing compensation for all damages.
Source PDFs
USCOURTS-cofc-1_19-vv-00809