Carin Ing-Marie Malkin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Carin Ing-Marie Malkin filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2015. The petition alleged that an Influenza vaccine administered on September 30, 2013, caused a shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. On June 30, 2015, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the evidence established that the injury to petitioner's right shoulder was caused-in-fact by the administration of the September 30, 2013, flu vaccine and was not due to unrelated factors.

Based on this concession and the evidence, Chief Special Master Denise Kathryn Vowell found that Ms. Malkin was entitled to compensation.

The parties subsequently filed a Proffer on Award of Compensation, agreeing to a lump sum payment of $70,000.00 for all damages. This amount was awarded as a lump sum check payable to petitioner.

On October 13, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. Chief Special Master Nora Beth Dorsey approved a total award of $9,049.05 for attorneys' fees and costs, to be paid as a lump sum in a check jointly payable to petitioner and her counsel, Diana L.

Stadelnikas Sedar. Petitioner's counsel was Diana L.

Sedar of Maglio Christopher and Toale. Respondent's counsel was Ann D.

Martin of the U.S. Department of Justice.