Richard Lamport v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Richard Lamport 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 vaccine in his left shoulder on September 10, 2020. He stated the vaccine was administered in the United States and his injuries lasted longer than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lamport was entitled to compensation.
The respondent agreed that Mr. Lamport met the criteria set forth in the Vaccine Injury Table for SIRVA, had timely filed his case, received the vaccine in the U.S., and satisfied the statutory severity requirement.
Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $93,427.45, which included $90,000.00 for pain and suffering and $3,427.45 for past unreimbursable expenses.
Mr. Lamport agreed with this proffered award.
The Chief Special Master issued a decision awarding Mr. Lamport the lump sum of $93,427.45.
Source PDFs
USCOURTS-cofc-1_21-vv-00426