Elizabeth J. Zdroik v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Elizabeth J. Zdroik filed a petition for vaccine compensation alleging a left shoulder injury resulting from her October 16, 2012, influenza vaccination.
She claimed her symptoms persisted for more than six months and that she had not received any prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated her alleged injury.
Despite this denial, the parties reached a joint stipulation for damages. The court adopted this stipulation, awarding Ms.
Zdroik a lump sum of $140,000.00. This amount was intended to cover all damages available under the Vaccine Act.
The decision was based on the joint stipulation, and the court directed that judgment be entered accordingly. The case proceeded as a Table claim, indicating the injury was presumed to be vaccine-related under the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_15-vv-00468