Patricia Merrill v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Patricia Merrill filed a petition for compensation on February 10, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 2, 2020. The respondent conceded that Ms.
Merrill is entitled to compensation, finding that her condition met the criteria for SIRVA on the Vaccine Injury Table. Specifically, she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other cause was identified.
The injury resulted in residual effects for more than six months. A ruling on entitlement was issued on April 21, 2023.
On May 24, 2023, the respondent proffered an award of $45,000.00 in pain and suffering damages, which Ms. Merrill, a competent adult, agreed to.
The decision awarding damages was issued on July 11, 2023, granting the lump sum payment.
Source PDFs
USCOURTS-cofc-1_21-vv-00908