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

Filed 2019-10-31Decided 2021-06-11Vaccine Influenza
compensated$50,370

Case summary [AI summaries can sometimes make mistakes]

Lindsay Ward filed a petition for compensation under the National Vaccine Injury Compensation Program on October 31, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 30, 2018. The respondent filed a Rule 4(c) report conceding that Ms.

Ward's claim met the Table criteria for SIRVA and that she satisfied the statutory and jurisdictional requirements, thus conceding entitlement to compensation. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on April 30, 2021, finding Ms. Ward entitled to compensation.

Subsequently, on June 11, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages based on a proffer. The respondent had filed a proffer on June 10, 2021, recommending an award of $50,370.00, representing all elements of compensation to which Ms.

Ward would be entitled under 42 U.S.C. § 300aa-15(a). Ms.

Ward, an adult, agreed with this proffered award. The decision states that the vaccine was received in the United States and that Ms.

Ward satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination. Chief Special Master Corcoran awarded Ms.

Ward a lump sum payment of $50,370.00, payable to her, as compensation for all damages. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name any medical experts.

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