Patti Paez v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patti Paez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered to her left arm on October 8, 2019. She further alleged that her symptoms lasted for more than six months.
The respondent, the Secretary of Health and Human Services, conceded that Ms. Paez is entitled to compensation.
The respondent stated that her injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, the pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Paez entitled to compensation.
Subsequently, a decision awarding damages was issued. The respondent proffered an award of $59,251.75, consisting of $57,500.00 for pain and suffering and $1,751.75 for unreimbursed expenses, which Ms.
Paez agreed to. The court awarded Ms.
Paez the proffered lump sum payment, representing compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_22-vv-00823