Vivian Sicherman v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Vivian Sicherman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2015, alleging that she received an influenza vaccine on September 28, 2014, and subsequently suffered a left shoulder injury. The respondent, the Secretary of Health and Human Services, reviewed the evidence and conceded entitlement to compensation, concluding that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused by the flu vaccine.
The respondent also confirmed that the condition had persisted for more than six months and identified no other causes. Based on this concession and the record, the court found Ms.
Sicherman entitled to compensation. Subsequently, on December 29, 2015, the parties filed a proffer agreeing to an award of $70,000.00.
This amount was awarded as a lump sum payment to Ms. Sicherman, representing compensation for all damages available under the Vaccine Act.
The parties later stipulated to an award of $15,500.00 for attorneys' fees and costs, which was also awarded as a lump sum payable jointly to Ms. Sicherman and her counsel.