Laura Weissbach v. HHS - Influenza, SIRVA (2024)
Case summary [AI summaries can sometimes make mistakes]
Laura Weissbach filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table Injury of SIRVA (shoulder injury related to vaccine administration) resulting from an influenza vaccine she received on October 19, 2021. The respondent conceded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table.
The respondent further agreed that Ms. Weissbach had no prior history of shoulder pain, that her pain occurred within 48 hours after vaccination, was limited to the injection site, and that no other condition explained her pain.
The respondent also confirmed that the residual effects of her condition lasted for more than six months. Based on the respondent's concession and the evidence of record, the court found Ms.
Weissbach entitled to compensation. Subsequently, the parties stipulated to an award of $74,381.85, consisting of $72,500.00 for pain and suffering and $1,881.85 for past unreimbursable expenses.
The court issued a decision awarding this amount as a lump sum payment.
Source PDFs
USCOURTS-cofc-1_23-vv-01293