Donna Horn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-08Decided 2024-03-01Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Donna Horn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on December 2, 2019. The respondent argued that Ms.

Horn failed to demonstrate that her injury lasted more than six months, that the vaccine was administered in her left shoulder, or that she experienced shoulder pain within 48 hours of vaccination. The court found that the COVID-19 pandemic provided a reasonable explanation for any gap in treatment, that the medical records consistently indicated the vaccine was administered in her left shoulder and that she reported pain since the injection, and that her initial report of pain seventeen days post-vaccination was sufficient to meet the Table onset requirement.

The court determined that Ms. Horn was entitled to compensation for a Table SIRVA.

The court awarded Ms. Horn $55,000.00 for her actual pain and suffering, representing a lump sum payment for all damages available under the program.

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