Debra Lambert v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Debra Lambert filed a petition for compensation on August 30, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2018. The respondent conceded that the claim met the Table criteria for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and limitation of symptoms to the vaccinated shoulder.
The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and the petitioner met the statutory severity requirement. Based on the respondent's concession, entitlement to compensation was granted.
Subsequently, on May 10, 2022, a decision awarding damages was issued. The petitioner sought $80,000 for pain and suffering, while the respondent recommended $55,000.
The parties agreed on $1,911.62 for out-of-pocket expenses. The court awarded a total of $74,911.62, comprising $73,000.00 for pain and suffering and $1,911.62 for unreimbursable expenses.
Source PDFs
USCOURTS-cofc-1_19-vv-01335