Janet Lotherington v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2024-02-14Decided 2025-01-13Vaccine Influenza
compensated$76,261

Case summary [AI summaries can sometimes make mistakes]

Janet Lotherington filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 21, 2022. She further alleged that she suffered residual effects of her condition for more than six months.

The respondent conceded that her injury was consistent with SIRVA, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that she suffered residual effects for more than six months and satisfied all prerequisites for compensation.

A ruling on entitlement was issued on September 26, 2024, finding her entitled to compensation. Subsequently, on December 11, 2024, the respondent filed a proffer agreeing to an award of $76,261.39, consisting of $75,000.00 for pain and suffering and $1,261.39 for past unreimbursable expenses.

Petitioner agreed with this proffered award. On January 13, 2025, the court issued a decision awarding Janet Lotherington a lump sum payment of $76,261.39.

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