McKenzie Oliver v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
McKenzie Oliver, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 5, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that compensation was appropriate, as Petitioner suffered residual effects for more than six months.
A Ruling on Entitlement was issued on November 6, 2023, finding Petitioner entitled to compensation. Subsequently, on May 21, 2024, the Respondent filed a Proffer on award of compensation, proposing an award of $90,000.00 for pain and suffering and $262.64 for past unreimbursable expenses, totaling $90,262.64.
Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on June 21, 2024, awarding Petitioner the lump sum of $90,262.64, representing compensation for all damages available under the Act.
The case proceeded as a Table claim for SIRVA, and entitlement was granted, leading to a stipulated award.
Source PDFs
USCOURTS-cofc-1_21-vv-01831