Melissa Arcement v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Melissa Arcement filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus (Td) vaccination received on January 8, 2023. She further alleged that she suffered the residual effects of her condition for more than six months.
The respondent conceded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, the pain occurred within forty-eight hours after vaccination, and the pain and reduced range of motion were limited to the shoulder of injection. Respondent also agreed that she suffered residual effects for more than six months.
Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties stipulated to an award of $63,762.99, consisting of $62,500.00 for pain and suffering and $1,262.99 for past unreimbursable expenses.
The court issued a decision awarding this amount as a lump sum payment to Melissa Arcement.
Source PDFs
USCOURTS-cofc-1_24-vv-00017