Oliver Mains v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Oliver Mains filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2020. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table.
Specifically, Petitioner had no prior history of shoulder issues, pain occurred within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Petitioner suffered residual effects for more than six months.
Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued.
The respondent proffered an award of $45,547.00, comprising $45,000.00 for past pain and suffering and $547.00 for unreimbursable out-of-pocket expenses. Petitioner agreed with this award.
The court awarded the lump sum payment of $45,547.00 to Oliver Mains.
Source PDFs
USCOURTS-cofc-1_21-vv-00451