Mary Holden v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Mary Holden filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine she received on September 15, 2020. She alleged that her SIRVA was a defined Table injury and that she met all other legal prerequisites for compensation.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement finding Mary Holden entitled to compensation.
Subsequently, the parties filed a proffer on the award of compensation. The respondent proffered that Mary Holden should be awarded $79,632.33, representing $70,000.00 for pain and suffering, $1,618.37 for past unreimbursable expenses, and $8,013.96 for past lost wages.
Mary Holden agreed with this proffered award. The Chief Special Master issued a decision awarding Mary Holden a lump sum payment of $79,632.33.
Source PDFs
USCOURTS-cofc-1_21-vv-00754