Lindsay Nowland v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Lindsay Nowland filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2019. She alleged the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not previously filed an action or received compensation for this injury.
The case was assigned to the Special Processing Unit. On March 14, 2022, the respondent filed a Rule 4(c) report conceding entitlement to compensation.
The respondent agreed that Ms. Nowland had no prior shoulder issues that would explain the symptoms, that the onset of pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were localized to the injection shoulder, and that no other condition accounted for her symptoms.
The respondent also agreed that the petition was timely filed, the vaccination occurred in the U.S., and the statutory severity requirement was met due to the injury's residual effects lasting over six months. Based on the respondent's concession and the record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement finding Ms. Nowland entitled to compensation.
Subsequently, on July 14, 2022, the respondent filed a proffer on the award of compensation, proposing an award of $63,239.27, which Ms. Nowland agreed to.
On July 14, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Ms. Nowland a lump sum payment of $63,239.27.
This award comprised $62,500.00 for pain and suffering and $739.27 for past unreimbursable expenses. The award was to be paid via a check payable to Ms.
Nowland. Paul R.
Brazil of Muller Brazil, LLP represented the petitioner, and Catherine Elizabeth Stolar of the U.S. Department of Justice represented the respondent.
Chief Special Master Brian H. Corcoran presided over the case.