Seth M. Niesen v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Seth M. Niesen filed a petition for compensation on November 16, 2020, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 27, 2020.
The respondent conceded that Mr. Niesen was entitled to compensation, agreeing that he had no prior history of shoulder issues that would explain his post-vaccination symptoms, that his pain and reduced range of motion were limited to his right shoulder, and that the injury persisted for more than six months.
A ruling on entitlement was issued on February 22, 2022, finding Mr. Niesen entitled to compensation.
Subsequently, on August 3, 2022, the respondent filed a proffer recommending an award of $151,111.58, which included $150,000.00 for pain and suffering and $1,111.58 for past unreimbursable expenses. Mr.
Niesen, a competent adult, agreed with this proffered award. On September 6, 2022, the court issued a decision awarding Mr.
Niesen the stipulated lump sum of $151,111.58.
Source PDFs
USCOURTS-cofc-1_20-vv-01593