Carl Carnes v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-07-31Decided 2022-08-29Vaccine Influenza
compensated$122,671

Case summary [AI summaries can sometimes make mistakes]

Carl Carnes filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on September 21, 2019. The respondent conceded entitlement, stating that Mr.

Carnes had no prior history of shoulder issues, his pain occurred within 48 hours after the vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that no other causes were identified and the six-month sequela requirement was met.

A ruling on entitlement was issued on November 2, 2021, finding Mr. Carnes entitled to compensation.

Subsequently, on July 12, 2022, the respondent filed a proffer on award of compensation. The court awarded Mr.

Carnes $122,671.93, which included $118,500.00 for pain and suffering, $2,877.44 for past unreimbursable expenses, and $1,294.49 to satisfy a State of Ohio Medicaid lien. Mr.

Carnes is a competent adult and agreed with the proffered award.

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