Darrick Bennett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Darrick Bennett filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 16, 2019. The respondent conceded that Mr.
Bennett is entitled to compensation, agreeing that his case met the criteria for a left SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent confirmed that Mr.
Bennett had no prior history of shoulder issues, his pain and reduced range of motion began within 48 hours of the vaccination, his symptoms were confined to the injected shoulder, and no other condition could explain his symptoms. Based on this concession and the evidence, the court issued a ruling on entitlement.
Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $57,500.00 for pain and suffering, which Mr. Bennett agreed to.
The court accepted this proffer and awarded Mr. Bennett a lump sum payment of $57,500.00 for his pain and suffering.
Source PDFs
USCOURTS-cofc-1_21-vv-00302