Malanda Dixon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Malanda Dixon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on December 7, 2017. Although the vaccine administration record indicated the vaccines were given in her left arm, the court found that the preponderance of the evidence, including consistent reports to treaters and affidavits, supported that the vaccines were administered in her right shoulder.
The court determined that Ms. Dixon met the Table claim requirements for SIRVA, including no prior history of right shoulder pain, onset within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining her symptoms.
She also met the statutory requirements of suffering residual effects for more than six months and undergoing surgical intervention. The ruling on entitlement was issued on June 20, 2024.
Subsequently, on October 8, 2024, a decision was issued awarding Ms. Dixon $81,600.00 in compensation.
This award included $80,000.00 for pain and suffering, $474.84 for past unreimbursable expenses, and amounts to satisfy Tennessee Medicaid liens totaling $1,125.22.
Source PDFs
USCOURTS-cofc-1_20-vv-01755