Samantha Brotman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Samantha Brotman filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 24, 2020. The petition was filed on February 10, 2021.
Respondent conceded that Petitioner's injury was consistent with SIRVA, noting that she had no prior shoulder issues, her pain occurred within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained the pain. Respondent also agreed that her condition persisted for more than six months.
Based on Respondent's concession and the evidence, entitlement to compensation was granted on August 22, 2023. Subsequently, on November 15, 2023, Respondent filed a proffer recommending an award of $87,500.00 for pain and suffering and $380.00 for past unreimbursable expenses, totaling $87,880.00.
Petitioner agreed with this proposed award. On December 18, 2023, the court issued a decision awarding Samantha Brotman a lump sum payment of $87,880.00.
Source PDFs
USCOURTS-cofc-1_21-vv-00905