Anibal Pinto v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-02-29Decided 2017-04-27Vaccine Influenza
compensated$125,000

Case summary [AI summaries can sometimes make mistakes]

Anibal Pinto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from an influenza vaccine received on January 13, 2015. The petition stated that Pinto suffered injuries to her left shoulder, consistent with a shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. Respondent conceded that Pinto was entitled to compensation, agreeing that the injury was caused by the flu vaccine and that no other causes were identified.

The respondent also noted that Pinto had suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Pinto entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. Respondent proffered that Pinto should be awarded $125,000.00, representing all elements of compensation available under the Vaccine Act, and Pinto agreed with this amount.

The court awarded Pinto a lump sum payment of $125,000.00.

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