Deborah Marino v. HHS - Influenza, right shoulder injuries (2018)

Deborah Marino filed a petition for compensation alleging that she suffered right shoulder injuries as a result of receiving the influenza vaccine on September 25, 2014. The case was assigned to the Special Processing Unit.

Respondent contested entitlement, arguing that petitioner failed to provide reliable evidence of a temporal relationship between the vaccination and the injury. A fact hearing was held, and the undersigned found that petitioner experienced pain immediately after the flu vaccine and fulfilled all criteria for Shoulder Injury Related to Vaccine Administration (SIRVA).

The court found petitioner entitled to compensation, determining she met her burden of proving causation-in-fact under Althen v. HHS.

Subsequently, the parties negotiated damages. The court awarded Deborah Marino $75,000.00 for pain and suffering and emotional distress, plus $88.88 for out-of-pocket medical expenses, for a total award of $75,088.88.