Catherine Campbell Tingley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Catherine Campbell Tingley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on October 22, 2018. She stated that the vaccination was administered in the United States, her shoulder injury persisted for more than six months, and that no other action or compensation had been sought for this injury.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Tingley is entitled to compensation. The respondent determined that Tingley had no prior history of shoulder issues, that her pain occurred within 48 hours after the vaccination, was limited to the injection site, and that no other condition could explain her SIRVA.
The respondent also confirmed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Tingley is entitled to compensation, with the case proceeding to determine damages.
Source PDFs
USCOURTS-cofc-1_21-vv-00486