A.R. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
A.R. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 11, 2018. The respondent, the Secretary of Health and Human Services, conceded that A.R.'s claim met the Vaccine Injury Table criteria for SIRVA.
The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and A.R. satisfied the statutory severity requirement by experiencing residual effects for more than six months. Based on the respondent's concession and the evidence, the court found A.R. entitled to compensation.
Subsequently, a decision awarding damages was issued. The court awarded A.R. a lump sum of $81,195.52, which included $80,000.00 for pain and suffering and $1,195.52 for actual unreimbursable expenses.
This award was intended to compensate for all damages available under the program. The case proceeded as a Table claim, and the parties stipulated to the damages.