Erica Brown v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Erica Brown filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 2, 2022. She stated her shoulder symptoms had persisted for more than six months.
The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent agreed that Ms.
Brown satisfied all legal prerequisites for compensation. Based on the respondent's concession and the record, entitlement to compensation was granted.
Subsequently, a decision awarding damages was issued. The respondent proffered an award of $63,170.85, which included $62,500.00 for pain and suffering and $670.85 for past unreimbursed expenses.
Ms. Brown, being a competent adult, agreed with this proffered award.
The court awarded Ms. Brown the lump sum of $63,170.85 as compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_23-vv-01075