Andrea Walker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Andrea Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 14, 2021. She claimed the SIRVA occurred within 48 hours of the vaccination, persisted for more than six months, and was administered in the United States.
The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation in a Rule 4(c) report, stating that Ms. Walker had no prior shoulder issues, the pain began within 48 hours post-vaccination, was localized to the injection site, and no other condition explained the pain.
The Chief Special Master issued a ruling on entitlement based on this concession. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $45,132.06, which included $45,000.00 for pain and suffering and $132.06 for past unreimbursable expenses.
Ms. Walker agreed with this proffered award.
The Chief Special Master issued a decision awarding the stipulated amount, concluding the case.
Source PDFs
USCOURTS-cofc-1_23-vv-00259