Myra Diggs v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2021-01-08Decided 2023-08-02Vaccine Influenza
compensated$92,899

Case summary [AI summaries can sometimes make mistakes]

Myra Diggs filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on September 26, 2019.

Ms. Diggs further alleged that she has suffered the residual effects of her injury for more than six months.

Respondent denied that Petitioner sustained a Table injury of SIRVA, denied that the flu vaccine caused her alleged left shoulder injury, or any other injury, and denied that her current condition is a sequelae of a vaccine-related injury. Nevertheless, the parties filed a joint stipulation on June 29, 2023, stating that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision awarding damages. Ms.

Diggs was awarded a lump sum of $92,899.98 in the form of a check payable to her. This amount represents compensation for all items of damages that would be available under Section 15(a) of the Vaccine Act.

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