Debra Hatchett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-06-12Decided 2021-10-08Vaccine Influenza
compensated$52,000

Case summary [AI summaries can sometimes make mistakes]

Debra Hatchett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2016. She claimed this was a Table injury and that she experienced residual effects for more than three years post-vaccination.

The respondent, the Secretary of Health and Human Services, denied that Ms. Hatchett sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Hatchett a lump sum of $52,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. The case was resolved via stipulation, with the award reflecting a compromise of the parties' respective positions on liability and damages.

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