Sheri Esters v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Sheri Esters filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 19, 2019. The Chief Special Master found that Petitioner's injury and its residual effects lasted for more than six months, that her shoulder injury would not be explained by her prior medical history, that the onset of her shoulder pain occurred within 48 hours of vaccination, that her pain and reduced range of motion were limited to her right shoulder, and that no other condition or abnormality explained her symptoms.
The court determined that SIRVA is a Table injury and that Petitioner met all the criteria for a Table SIRVA claim, including the severity requirement. The ruling on entitlement was issued on September 28, 2023.
Subsequently, on January 17, 2024, a decision awarding damages was issued. The parties stipulated to an award of $37,500.00 for pain and suffering and $403.04 for past unreimbursable expenses, totaling $37,903.04.
Additionally, $255.06 was awarded to satisfy the State of Idaho Medicaid lien. The total award was $38,158.00.
Source PDFs
USCOURTS-cofc-1_21-vv-00001