Patricia West v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patricia West filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2021. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation.
Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on May 2, 2024, finding Petitioner entitled to compensation.
Subsequently, on May 30, 2024, Respondent filed a proffer on award of compensation, recommending an award of $55,466.73, consisting of $55,000.00 for pain and suffering and $466.73 for out-of-pocket expenses. Petitioner agreed with the proffered award.
The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $55,466.73.
Source PDFs
USCOURTS-cofc-1_23-vv-00803