Gwenada Malcolm v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Gwenada Malcolm received an influenza vaccine on December 5, 2017. She subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table.
The respondent conceded that her claim met the Table criteria for SIRVA, including no prior history of shoulder pain, onset within 48 hours of vaccination, and pain limited to the vaccinated shoulder. A ruling on entitlement was issued on April 6, 2021, finding Ms.
Malcolm entitled to compensation. On November 1, 2023, the parties submitted a proffer for award of compensation.
Ms. Malcolm, identified as a competent adult, was awarded a total of $407,310.00.
This amount includes $150,000.00 for pain and suffering, $380.00 for past unreimbursable expenses, and $256,930.00 for lost wages. The case was filed on October 9, 2019, and the final decision awarding damages was issued on November 27, 2023.
Source PDFs
USCOURTS-cofc-1_19-vv-01571