Elizabeth A. Adams v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2022-03-03Decided 2022-05-23Vaccine Influenza
compensated$65,590

Case summary [AI summaries can sometimes make mistakes]

Elizabeth Adams filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 18, 2017. She stated that the vaccination was administered in the United States, her injuries lasted for more than six months, and she had not received any prior compensation for these injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Adams was entitled to compensation.

The respondent determined that she suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain began within 48 hours of the vaccination, and the pain was limited to the injection site without any other identified condition explaining the symptoms. Based on the respondent's concession and the evidence, the court found Ms.

Adams entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $65,590.00, which included $65,000.00 for pain and suffering and $590.00 for past unreimbursable expenses. Ms.

Adams agreed with this proffered award. The court awarded Ms.

Adams a lump sum payment of $65,590.00, representing compensation for all damages available under the Vaccine Act.

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