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

Filed 2022-11-21Decided 2024-12-02Vaccine Influenza
compensated$99,277

Case summary [AI summaries can sometimes make mistakes]

James Winfield filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on October 13, 2021. The petition stated that the vaccine was administered in the United States, the injury lasted more than six months, and no other action had been filed.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Winfield's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation.

Following this concession, a ruling on entitlement was issued on March 26, 2024, finding Mr. Winfield entitled to compensation.

Subsequently, on September 13, 2024, Respondent filed a proffer on award of compensation, indicating that Mr. Winfield should be awarded $99,276.79.

This amount was comprised of $78,500.00 for pain and suffering, $927.58 for past unreimbursable expenses, and $19,804.21 for lost wages. Mr.

Winfield agreed with this proffered award. The Chief Special Master issued a decision awarding Mr.

Winfield the stipulated amount of $99,276.79 as a lump sum payment.

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