Michelle Edgerson-Briggs v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Michelle Edgerson-Briggs 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 15, 2020. The respondent conceded that her claim met the Table criteria for SIRVA and that she was entitled to compensation.
Following a ruling on entitlement, the parties proceeded to damages discussions. The petitioner sought $175,000 for past pain and suffering and $25,000 for future pain and suffering, citing constant shoulder pain and limited use of her arm for three years.
The respondent argued for $72,500 for past pain and suffering only, emphasizing the injury was mild, non-surgical, and treated conservatively over sixteen months. The court awarded $77,000 for past pain and suffering, finding the injury to be mild to moderate and non-surgical, with ongoing limitations but insufficient evidence of permanency to justify future damages.
The award was based on the specific circumstances of the case, considering the severity and duration of pain, treatment received, and comparisons to prior SIRVA cases.