Laura Goldstein v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2016-01-15Decided 2016-05-04Vaccine Influenza
compensated$116,559

Case summary [AI summaries can sometimes make mistakes]

Laura Goldstein filed a petition for compensation under the National Vaccine Injury Compensation Program on January 15, 2016, alleging that she suffered shoulder injuries caused by an influenza vaccination received on January 8, 2014. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 14, 2016, conceding that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccination. Respondent further agreed that petitioner met all legal prerequisites for compensation.

Based on respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, on May 4, 2016, a decision awarding damages was issued.

Respondent had proffered an award of $100,000.00 for damages and $16,559.18 for attorneys' fees and costs, to which petitioner agreed. The court awarded a lump sum of $100,000.00 to Laura Goldstein for damages and a lump sum of $16,559.18 jointly to petitioner and her attorney for fees and costs, totaling $116,559.18.

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