Ellen Rodriguez v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Ellen Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 14, 2018. The case was assigned to the Special Processing Unit.
After a ruling confirming the vaccination occurred in her left arm, the respondent filed a Rule 4(c) Report stating they would not contest entitlement. The respondent conceded that Ms.
Rodriguez satisfied the criteria for SIRVA as defined in the Vaccine Injury Table. Based on the respondent's position and the evidence, the court found Ms.
Rodriguez entitled to compensation. Subsequently, the parties submitted a proffer for damages.
The respondent proposed an award of $90,968.71, which included $87,500.00 for pain and suffering and $3,468.71 for unreimbursed medical expenses. Ms.
Rodriguez agreed with this proffered award. The court accepted the proffer and awarded Ms.
Rodriguez a lump sum payment of $90,968.71 for all damages.