Daphne McCann v. HHS - Influenza, right shoulder injury (2023)
Case summary [AI summaries can sometimes make mistakes]
Daphne McCann filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a right shoulder injury after receiving an influenza vaccine on October 23, 2018. The injury was identified as a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a condition listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, conceded that Ms. McCann was entitled to compensation, agreeing that her injury was consistent with a SIRVA and that she had met all legal prerequisites for compensation.
Following the ruling on entitlement, a decision was issued awarding Ms. McCann damages.
The respondent proffered an award of $68,489.59, which included $67,500.00 for pain and suffering and $989.59 for past unreimbursable expenses. Ms.
McCann agreed with this proffered award. The court accepted the stipulation and awarded Ms.
McCann the total sum of $68,489.59 as compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_21-vv-00524