Hawke Strickland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2021-02-16Decided 2023-06-05Vaccine Influenza
compensated$47,500

Case summary [AI summaries can sometimes make mistakes]

Hawke Strickland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on November 6, 2018. He further alleged that his shoulder injury persisted longer than six months.

The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, noting that he had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injected shoulder. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $47,500.00 for pain and suffering, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $47,500.00 as compensation for all damages.

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