Gwyneth Rampton v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-07Decided 2024-06-03Vaccine Influenza
compensated$74,144

Case summary [AI summaries can sometimes make mistakes]

Gwyneth Rampton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 19, 2020. The petition was filed on January 7, 2021.

Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The Respondent also agreed that the injury lasted longer than six months. Based on the Respondent's concession and the evidence, entitlement to compensation was granted on November 27, 2023.

Subsequently, on May 1, 2024, the parties filed a proffer on award of compensation. Respondent proposed an award of $74,144.57, comprising $72,500.00 for pain and suffering and $1,644.57 for unreimbursed expenses.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $74,144.57 on June 3, 2024.

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