Craig Davis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-10-27Decided 2024-11-08Vaccine Influenza
compensated$68,982

Case summary [AI summaries can sometimes make mistakes]

Craig Davis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 21, 2020. He stated that his symptoms lasted for more than six months and that no prior action or compensation had been received for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Davis was entitled to compensation.

The respondent determined that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Mr. Davis had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site shoulder, and no other condition explained the pain.

The respondent also agreed that the residual effects lasted longer than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $68,982.08, which included $67,500.00 for pain and suffering and $1,482.08 for past unreimbursable expenses.

Mr. Davis agreed with this proffered award.

The court awarded the lump sum payment of $68,982.08 to Craig Davis.

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