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

Filed 2021-04-26Decided 2023-07-11Vaccine Influenza
compensated$42,500

Case summary [AI summaries can sometimes make mistakes]

Megan Laughlin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on or about October 13, 2020. She alleged that the vaccine was received in the United States, she suffered sequelae of her injury for more than six months, and had not received prior compensation.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation.

Respondent agreed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours after the vaccination, that the pain was limited to the shoulder of administration, and that no other condition explained the pain. Respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation.

Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $42,500.00, which Petitioner agreed to.

The Chief Special Master awarded Petitioner a lump sum payment of $42,500.00 for pain and suffering.

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