Victor Waggoner v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-12-16Decided 2021-09-02Vaccine Influenza
compensated$94,592

Case summary [AI summaries can sometimes make mistakes]

Victor Waggoner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 25, 2018. The respondent conceded that Mr.

Waggoner met the criteria for a Table injury, including having no prior shoulder issues, experiencing pain and reduced range of motion within 48 hours of the vaccination, and having no other identified condition to explain his symptoms. The respondent also agreed that the six-month sequela requirement was satisfied.

Based on the respondent's concession and the evidence, the court found Mr. Waggoner entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Mr.

Waggoner a total of $94,592.09, comprising $92,500.00 for pain and suffering and $2,092.09 for past unreimbursable medical expenses and lost wages. This award was paid as a lump sum to Mr.

Waggoner, who is a competent adult.

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