Mary Ann Mitchell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Mary Ann Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2020. She alleged this was a Table injury or, in the alternative, a caused-in-fact injury.
The respondent conceded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on August 7, 2023, finding her entitled to compensation.
Subsequently, on August 31, 2023, the respondent filed a proffer on award of compensation, which the petitioner agreed to. The court awarded Mary Ann Mitchell a total of $106,831.18, consisting of $105,000.00 for pain and suffering and $1,831.18 for past unreimbursable expenses.
This award represents compensation for all damages available under the Act.