Demonta L. Hambright v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2024-01-03Decided 2024-04-05Vaccine Influenza
compensated$59,519

Case summary [AI summaries can sometimes make mistakes]

Demonta L. Hambright filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on or about November 11, 2021.

The respondent conceded that Mr. Hambright is entitled to compensation, agreeing that his injury is consistent with SIRVA as defined by the Vaccine Injury Table.

The respondent noted that Mr. Hambright had no prior history of shoulder issues, experienced pain within 48 hours after vaccination, and that the pain was limited to the injection site.

The respondent also agreed that the residual effects of the condition lasted for more than six months. Based on the respondent's concession and the evidence, the court found Mr.

Hambright entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $59,500.00 for pain and suffering, and $19.61 to satisfy a State of Wisconsin Medicaid lien. Mr.

Hambright agreed with this proffered award. The court awarded the total amount of $59,519.61, with the pain and suffering payment made as a lump sum to Mr.

Hambright and the Medicaid lien payment made jointly to Mr. Hambright and HMS Wisconsin Casualty Recovery.

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