Laura McGowen v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Filed 2021-04-21Decided 2023-09-05Vaccine Influenza
compensated$103,884

Case summary [AI summaries can sometimes make mistakes]

Laura McGowen 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 an influenza vaccine administered on November 12, 2018. She further alleged that her injury resulted in residual effects lasting for more than six months.

The respondent conceded entitlement to compensation, stating that Ms. McGowen had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms.

The respondent also agreed that her injury lasted for at least six months and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the court found Ms.

McGowen entitled to compensation. Subsequently, the parties stipulated to an award of $103,884.63, which included $100,000.00 for pain and suffering, $2,153.18 for unreimbursable medical expenses, and $1,731.45 for lost wages.

This lump sum payment was awarded to Ms. McGowen, who is a competent adult.

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