Sherrie Lewis v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Sherrie Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccination received on September 12, 2018. The respondent conceded that Ms.
Lewis is entitled to compensation, concluding that her claim meets the Table criteria for SIRVA. Specifically, the respondent determined that she had no prior history of shoulder issues, that her pain onset was within 48 hours of the vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained her symptoms.
The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Ms. Lewis met the statutory severity requirement.
Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued.
The respondent had filed a proffer indicating that Ms. Lewis should be awarded $57,500.00, and Ms.
Lewis agreed with this proffered award. The court awarded Ms.
Lewis a lump sum payment of $57,500.00 as compensation for all damages.
Source PDFs
USCOURTS-cofc-1_19-vv-01369