Francine Riviere v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Francine Riviere filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on December 8, 2022. She alleged her symptoms persisted for longer 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 shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent agreed that Petitioner met all legal prerequisites for compensation.
A ruling on entitlement was issued on July 22, 2024, finding her entitled to compensation. Subsequently, on October 8, 2024, the respondent filed a proffer on award of compensation, which Petitioner agreed to.
The court awarded Francine Riviere a total of $57,367.90, comprising $55,000.00 for pain and suffering and $2,367.90 for past unreimbursable expenses, as a lump sum payment.
Source PDFs
USCOURTS-cofc-1_23-vv-01191