Eileen Arcery v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Eileen Arcery filed a petition for compensation on July 1, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on September 26, 2020. The case was assigned to the Special Processing Unit.
Initially, the respondent moved to dismiss, arguing that Ms. Arcery had not established a claim.
However, after Ms. Arcery provided additional medical evidence, the respondent revised his position and filed an amended report conceding entitlement.
On January 25, 2023, a ruling on entitlement was issued, finding Ms. Arcery entitled to compensation for SIRVA as a Table injury.
Ms. Arcery passed away from cancer on November 20, 2022, and Marianne Fredericks Grant was appointed executor of her estate.
Subsequently, on May 5, 2023, the respondent filed a proffer on award of compensation, recommending $47,500.00 for pain and suffering, which the petitioner's estate agreed to. On June 12, 2023, a decision was issued awarding the estate a lump sum payment of $47,500.00.