Teresa Farias v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Teresa Farias filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on August 20, 2021. She claimed the injury caused residual effects for more than six months and that no prior award or settlement had been made for her injury.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Farias was entitled to compensation, agreeing that she had suffered the sequelae of her injury for more than six months, and that all other legal requirements for compensation under the Act had been met.
Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Farias entitled to compensation.
Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $35,000.00 for pain and suffering, which Ms. Farias agreed to.
The Chief Special Master issued a decision awarding Ms. Farias a lump sum payment of $35,000.00, representing compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_23-vv-00436