Lee Ann Wellerritter v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lee Ann Wellerritter filed a petition alleging that her influenza vaccine on October 1, 2018, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that Ms.
Wellerritter met the criteria for a SIRVA Table injury. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the injection site shoulder, and no other condition could explain her symptoms.
Based on the concession and the evidence, the court found her entitled to compensation. Subsequently, the parties reached a stipulation for damages.
The respondent proffered an award of $61,607.11, comprising $60,000.00 for pain and suffering and $1,607.11 for past unreimbursable expenses. Ms.
Wellerritter agreed to this amount. The court awarded the stipulated sum as a lump-sum payment to Ms.
Wellerritter.
Source PDFs
USCOURTS-cofc-1_19-vv-01044