William Elias v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-09-30Decided 2021-07-06Vaccine Influenza
compensated$103,647

Case summary [AI summaries can sometimes make mistakes]

William Elias filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on February 15, 2018. The respondent conceded that Elias's claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that Elias satisfied the statutory severity requirement by suffering residual effects for more than six months.

Based on the respondent's concession and the evidence, the court found Elias entitled to compensation. Subsequently, the parties reached a stipulation for damages.

The respondent proffered an award of $103,647.70, comprised of $102,500.00 for pain and suffering and $1,147.70 for out-of-pocket expenses, which Elias agreed to. The court awarded this lump sum payment to Elias.

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