Mackay Wickenheiser v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Mackay Wickenheiser filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 18, 2020. She stated that she had no prior history of shoulder pain or dysfunction, that the pain occurred within 48 hours of the vaccination, was limited to the injection site, and that no other condition could explain the pain.
She also stated that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Wickenheiser was entitled to compensation for a SIRVA Table injury. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement.
Subsequently, the respondent filed a proffer on award of compensation, which Ms. Wickenheiser agreed with.
The court awarded Ms. Wickenheiser a total of $82,716.05, consisting of $82,500.00 for pain and suffering and $216.05 for past unreimbursable expenses, to be paid as a lump sum.