Maria Sims v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2022-02-03Decided 2024-02-07Vaccine Influenza
compensated$114,171

Case summary [AI summaries can sometimes make mistakes]

Maria Sims filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 13, 2020 influenza vaccination. The respondent conceded that her injury was consistent with SIRVA, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that Ms. Sims suffered residual effects for more than six months and met all other legal prerequisites for compensation.

A ruling on entitlement was issued on July 7, 2023, finding her entitled to compensation. Subsequently, on January 4, 2024, the respondent proffered an award of $114,171.13, which included $92,500.00 for pain and suffering, $15,549.00 for lost wages, and $6,122.13 for medical expenses paid by Medicaid.

Ms. Sims, an adult, agreed with this proffered award.

The Chief Special Master issued a decision awarding the total compensation amount on February 7, 2024, directing payment through two lump sums: one to Ms. Sims and another jointly to Ms.

Sims and the Commonwealth of Pennsylvania to satisfy the Medicaid lien.

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