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

Filed 2022-05-31Decided 2024-02-20Vaccine Influenza
compensated$84,179

Case summary [AI summaries can sometimes make mistakes]

Dianne Greene filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 20, 2020. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting 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 explained the pain.

The respondent also agreed that her symptoms persisted for more than six months and that she met all legal prerequisites for compensation. An initial ruling on entitlement was issued on October 11, 2023, finding her entitled to compensation.

Following a proffer on award of compensation, a decision awarding damages was initially entered on December 14, 2023. However, the respondent later filed motions for relief from judgment, which were granted, leading to the vacating of the initial judgment and withdrawal of the prior decision.

On January 17, 2024, the respondent filed a new proffer, agreeing to an award of $84,179.20, consisting of $82,500.00 for pain and suffering and $1,679.20 for unreimbursable expenses. This amount was agreed to by the petitioner.

The Chief Special Master issued a decision awarding this lump sum payment on February 20, 2024.

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