Michelle Schneider v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Michelle Schneider 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 vaccine on September 13, 2016. The respondent conceded that Ms.
Schneider was entitled to compensation, finding that she met the criteria for a presumed SIRVA. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and her symptoms were limited to the injection site shoulder.
The respondent also confirmed that no other condition could explain her symptoms and that the statutory sequela requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement.
Subsequently, the parties reached a proffer on the award of compensation. The respondent proposed, and Ms.
Schneider agreed, to an award of $125,000.00 for pain and suffering, and $402.54 to satisfy a State of Louisiana Medicaid lien. The Chief Special Master issued a decision awarding these amounts, totaling $125,403.00, for all damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_19-vv-01289