Vicki Hollingsworth v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Filed 2022-01-05Decided 2022-03-03Vaccine Influenza
compensated$121,734

Case summary [AI summaries can sometimes make mistakes]

Vicki Hollingsworth filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine she received on September 20, 2017. She alleged the vaccine was administered in the United States, that her injury persisted for more than six months, and that no other action or compensation had been sought for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hollingsworth's injury was consistent with SIRVA as defined on the Vaccine Injury Table.

The respondent agreed that she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection site shoulder, and no other condition explained her symptoms. The respondent also agreed that her injury lasted at least six months and that she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Hollingsworth entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $121,734.64, which included $112,500.00 for pain and suffering and $9,234.64 for past unreimbursable expenses. Ms.

Hollingsworth agreed with this proffered award. The Chief Special Master issued a decision awarding Ms.

Hollingsworth the lump sum of $121,734.64.

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