Patricia Hertzog v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2022)

Filed 2022-02-03Decided 2022-03-10Vaccine Influenza
compensated$97,107

Case summary [AI summaries can sometimes make mistakes]

Patricia Hertzog filed a petition for compensation on February 3, 2022, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on September 24, 2018. The respondent conceded entitlement, agreeing that Ms.

Hertzog had no prior shoulder issues, her pain occurred within 48 hours of vaccination, and the pain was limited to the vaccinated shoulder. The respondent also confirmed that the injury persisted for more than six months, satisfying the statutory requirement.

A ruling on entitlement was issued on February 3, 2022, finding Ms. Hertzog entitled to compensation.

Subsequently, on February 4, 2022, the respondent filed a proffer on award of compensation, which Ms. Hertzog agreed to.

The court awarded Ms. Hertzog a total of $97,107.62, comprised of $95,000.00 for pain and suffering and $2,107.62 for unreimbursable medical expenses, as a lump sum payment.

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