Rebecca Cary v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-07-09Decided 2021-10-28Vaccine Influenza
compensated$177,966

Case summary [AI summaries can sometimes make mistakes]

Rebecca Cary filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccination on February 27, 2018, and subsequently suffered from a left-sided shoulder injury related to vaccine administration (SIRVA) that lasted for more than six months. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, agreeing that she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and that her pain and reduced range of motion were limited to the injection site.

The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation.

Subsequently, the respondent proffered an award of $177,966.61, consisting of $110,000.00 for pain and suffering, $66,533.80 for past lost wages, and $1,432.81 for unreimbursable expenses, which Petitioner agreed to. The court awarded this amount as compensation for all damages available under the Vaccine Act.

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