Tammie Walden v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Tammie Walden filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury as a result of her influenza vaccination on October 23, 2018. The case was assigned to the Special Processing Unit.
Respondent conceded entitlement to compensation, finding that Ms. Walden suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table.
The respondent's review concluded that she had no prior history of left shoulder pain, the onset of pain occurred within 48 hours after the vaccination, the pain was limited to the shoulder where the vaccine was administered, and no other condition explained the symptoms. The respondent also confirmed that no other causes were identified and that Ms.
Walden met the statutory requirement of suffering the condition for more than six months. Based on the concession and the evidence, entitlement was granted.
Subsequently, a decision awarding damages was issued. The parties agreed to a proffer of $93,002.75, which included $90,000.00 for pain and suffering and $3,002.75 for unreimbursed medical expenses.
This amount was awarded as a lump sum payment to Ms. Walden, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_19-vv-00927