Debra Metcalf v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Debra Metcalf filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2020. She stated that her symptoms persisted for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Metcalf was entitled to compensation.
The respondent agreed that she had no prior shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition could explain her pain. The respondent also confirmed her symptoms lasted over six months and she met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Metcalf entitled to compensation.
Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $92,500.00 for pain and suffering, which Ms. Metcalf agreed to.
The Chief Special Master issued a decision awarding Ms. Metcalf a lump sum payment of $92,500.00 for pain and suffering.