Jeannie Lowery v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Jeannie Lowery filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccination on September 11, 2020. She further alleged that she suffered the residual effects of her injury for more than six months.
The respondent initially contested entitlement but later filed an amended report stating that he did not contest that Ms. Lowery was entitled to compensation.
The respondent accepted the finding that the flu vaccine was administered into her right shoulder and agreed that Ms. Lowery suffered SIRVA as defined by the Vaccine Injury Table, meeting all legal prerequisites for compensation.
Based on the respondent's position and the evidence, the Chief Special Master found Ms. Lowery entitled to compensation.
Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms. Lowery should be awarded a total of $76,365.11, consisting of $75,000.00 in pain and suffering and $1,365.11 in past unreimbursable expenses.
Ms. Lowery agreed with this proffered award.
The Chief Special Master issued a decision awarding Ms. Lowery the lump sum payment of $76,365.11.