Emily Bailey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Emily Bailey 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 vaccination on October 15, 2018. The respondent conceded that Ms.
Bailey was entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms.
Bailey had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition could explain her symptoms. Based on the respondent's concession and the evidence, the court found Ms.
Bailey entitled to compensation. Subsequently, the parties reached a stipulation for damages.
The court awarded Emily Bailey a total of $124,817.10, comprising $121,250.00 for pain and suffering and $3,567.10 for unreimbursable out-of-pocket expenses.
Source PDFs
USCOURTS-cofc-1_19-vv-01191