Debra S. DeYoung v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Debra S. DeYoung filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 3, 2018.
The respondent conceded that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, her pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that no other condition explained her shoulder pain and that she suffered residual effects for more than six months.
Based on the respondent's concession and the evidence, the court found Ms. DeYoung entitled to compensation.
Subsequently, the parties submitted a proffer agreeing to an award of $102,500.00 for pain and suffering, representing all elements of compensation available under the Act. The court awarded this lump sum payment to Ms.
DeYoung, who is a competent adult.
Source PDFs
USCOURTS-cofc-1_20-vv-00072