Wanda Oliver v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-07-17Decided 2022-01-24Vaccine Influenza
compensated$71,784

Case summary [AI summaries can sometimes make mistakes]

Wanda Oliver filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2018. The respondent conceded that Ms.

Oliver was entitled to compensation, agreeing that her injury met the criteria for SIRVA as defined by the Vaccine Injury Table. The respondent noted that Ms.

Oliver had no prior history of right shoulder pain, that her pain began within 48 hours of the vaccination, and that the pain was limited to the injection site. The respondent also confirmed that no other condition could explain her symptoms and that she met the statutory requirement of suffering the condition for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Oliver was entitled to compensation.

Subsequently, the parties agreed to a proffer for damages. The court awarded Ms.

Oliver a lump sum payment of $71,784.21, which included $70,000.00 for pain and suffering and $1,784.21 for past unreimbursable expenses.

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