Sandra Panovich Craft v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Sandra Panovich Craft filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 4, 2019. She alleged that the vaccine was administered in the United States, her symptoms continued for more than six months, and no other action or compensation had been received for her injury.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, pain occurring within 48 hours post-vaccination, pain limited to the injection site, and no other identified condition to explain the pain.
The respondent also agreed that her symptoms persisted for more than six months and that she met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued, finding her entitled to compensation.
A proffer on award of compensation was filed, indicating that the petitioner should be awarded $138,304.28, which included $135,000.00 for pain and suffering and $3,304.28 for past unreimbursable expenses. The petitioner agreed with this proffered award.
The Chief Special Master issued a decision awarding the petitioner a lump sum payment of $138,304.28.
Source PDFs
USCOURTS-cofc-1_22-vv-01126