Susan Fausnaugh v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Susan Fausnaugh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 18, 2017. The respondent conceded that Petitioner's alleged injury was consistent with a SIRVA, as defined on the Vaccine Injury Table.
The respondent noted that Petitioner had no prior history of shoulder issues, experienced pain within 48 hours after the vaccination, and that the pain was limited to the injection site with no other identified cause. The respondent further agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation.
A ruling on entitlement was issued on December 1, 2020, finding Petitioner entitled to compensation. Subsequently, on April 6, 2021, the respondent filed a proffer on award of compensation, proposing an award of $80,078.93 for general damages and an additional $2,393.26 to satisfy a State of Ohio Medicaid lien.
Petitioner agreed with the proffered award. On May 11, 2021, the Chief Special Master issued a decision awarding Petitioner a total of $82,472.19, comprising the lump sum payment and the Medicaid lien satisfaction.
Source PDFs
USCOURTS-cofc-1_19-vv-01056