Debra Powers v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Debra Powers filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 21, 2020. The respondent, the Secretary of Health and Human Services, conceded that Ms.
Powers was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain was limited to the injection site.
The respondent also confirmed that her symptoms persisted for more than six months and she met all legal prerequisites for compensation. A ruling on entitlement was issued on November 6, 2023, finding her entitled to compensation.
Subsequently, on November 15, 2023, the respondent filed a proffer agreeing to an award of $45,000.00 for pain and suffering, which Ms. Powers also agreed to.
The Chief Special Master issued a decision awarding this lump sum payment on December 19, 2023.
Source PDFs
USCOURTS-cofc-1_22-vv-00766