Michelle Burkemper v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Michelle Burkemper filed a petition for compensation on January 7, 2021, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on November 26, 2019. The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) report on October 14, 2022, conceding that Petitioner is entitled to compensation, finding that her claim met the Table criteria for SIRVA. A ruling on entitlement was issued on October 18, 2022, finding Petitioner entitled to compensation.
On January 5, 2024, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $145,000.00 for pain and suffering and $15,971.71 for past unreimbursable expenses, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages on February 9, 2024, awarding Petitioner a total lump sum payment of $160,971.71.
Source PDFs
USCOURTS-cofc-1_21-vv-00187