Roxane Wise v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Roxane Wise filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2022, alleging a left shoulder injury resulting from an influenza vaccination received on October 12, 2018. She claimed the injury was a Shoulder Injury Related to Vaccine Administration (SIRVA) and that her injuries lasted more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 9, 2021, conceding that Ms. Wise was entitled to compensation.
The respondent found her alleged injury consistent with a SIRVA as defined on the Vaccine Injury Table, noting she had no prior history of shoulder issues, pain occurred within 48 hours of the vaccination, and the pain was limited to the injection site. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on January 5, 2022, finding Ms.
Wise entitled to compensation. Subsequently, on February 9, 2022, the respondent filed a proffer on award of compensation, proposing $54,056.12, comprising $52,500.00 for pain and suffering and $1,556.12 for unreimbursed medical expenses.
Ms. Wise agreed with this proposed award.
On March 14, 2022, the court issued a decision awarding Ms. Wise a lump sum payment of $54,056.12.
Source PDFs
USCOURTS-cofc-1_20-vv-00389