Barbara Lytes-Williams v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Barbara Lytes-Williams filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2019. The case was assigned to the Special Processing Unit.
After reviewing the evidence and holding an expedited hearing, the Chief Special Master found that Ms. Lytes-Williams was entitled to compensation.
The court determined that her injury met the criteria for a Table SIRVA, meaning causation was presumed. The decision noted that while Respondent initially contested whether the onset of pain occurred within 48 hours and if the pain was limited to the affected shoulder, the medical records supported Petitioner's claim.
The court found that Ms. Lytes-Williams' medical history was noncontributory to her condition and that no other condition explained her symptoms.
In awarding damages, the court considered the severity and duration of her pain and suffering. While Petitioner sought $85,000, and Respondent suggested $45,000, the court awarded $60,000 for pain and suffering, finding her injury to be mild to moderate in severity and not as prolonged as she asserted.
This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_20-vv-01684