Anna Tracy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Anna Tracy filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 4, 2019. The respondent conceded that Ms.
Tracy is entitled to compensation, agreeing that she satisfied the criteria for SIRVA on the Vaccine Injury Table, including the statutory severity requirement of suffering residual effects for more than six months after vaccination. The Chief Special Master issued a ruling on entitlement based on this concession.
Subsequently, the parties were unable to informally resolve the issue of damages, leading to a hearing on February 26, 2024. The petitioner sought $190,000.00 for pain and suffering, while the respondent recommended $120,000.00.
After considering the arguments and relevant case law, the Chief Special Master awarded Ms. Tracy a total of $175,527.64, comprising $175,000.00 for actual pain and suffering and $527.64 for actual unreimbursable expenses.