Christine Murschel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Christine Murschel filed a petition on November 1, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 1, 2016. The respondent conceded that Ms.
Murschel is entitled to compensation, finding that her case met the criteria for a SIRVA Table injury. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met, as her injury had residual effects for more than six months.
A ruling on entitlement was issued on May 18, 2021, finding her eligible for compensation. Subsequently, on August 12, 2021, the parties filed a joint stipulation for damages.
The court adopted this stipulation, awarding Ms. Murschel a total of $133,750.46.
This amount includes $125,000.00 for pain and suffering and $8,750.46 to satisfy a State of Minnesota Medicaid lien. The award covers all elements of damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_19-vv-01700