Linda Leasure v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Linda Leasure filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 31, 2018 influenza vaccination. The respondent conceded that petitioner was entitled to compensation, agreeing that she had no prior shoulder issues, that her pain and reduced range of motion were limited to the vaccinated shoulder, and that the onset of symptoms occurred within forty-eight hours of vaccination.
The respondent also confirmed that the petition was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months. Based on the respondent's concession and the evidence, the Special Master found petitioner entitled to compensation.
Subsequently, the parties submitted a proffer for an award of damages. The respondent proposed, and the petitioner agreed, to a lump sum payment of $123,369.54, which included $120,000.00 for pain and suffering and $3,369.54 for past unreimbursed expenses.
The Special Master awarded this amount, representing compensation for all damages available under the Vaccine Act. The decision was issued on November 22, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01195