Rose Marie Donahue v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Rose Marie Donahue filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on November 19, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Donahue is entitled to compensation. The respondent determined that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA, noting 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 shoulder, and no other condition explained her symptoms.
The Chief Special Master issued a ruling on entitlement finding Ms. Donahue entitled to compensation.
Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $50,425.00, which included $50,000.00 for pain and suffering and $425.00 for unreimbursed expenses. Ms.
Donahue agreed with this proffered award. Based on the record and the respondent's concession, the Chief Special Master awarded Ms.
Donahue the lump sum of $50,425.00.
Source PDFs
USCOURTS-cofc-1_20-vv-01572