Darla Wilson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Darla Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 9, 2020. She claimed the injury lasted longer than six months and that neither she nor any other party had ever received compensation for this vaccine-related injury.
The respondent conceded that Ms. Wilson was entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table.
Specifically, the respondent noted that Ms. Wilson had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain.
The respondent also agreed that her condition's residual effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms.
Wilson was entitled to compensation. Subsequently, a decision awarding damages was issued.
The respondent proffered an award of $82,500.00 for pain and suffering, which Ms. Wilson agreed to.
The court awarded Ms. Wilson a lump sum payment of $82,500.00 for pain and suffering, representing compensation for all damages available under Section 15(a).
Source PDFs
USCOURTS-cofc-1_22-vv-00393