Amall Ali v. HHS - Influenza, distal rotator cuff tendinopathy of the right shoulder, subacromial bursitis, subdeltoid bursitis, adhesive capsulitis, right shoulder impingement, and bone marrow edema of the posterolateral humeral head (2018)
Case summary [AI summaries can sometimes make mistakes]
Amall Ali filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2017, alleging that her influenza vaccine on January 15, 2016, caused her to suffer various shoulder injuries, including distal rotator cuff tendinopathy, subacromial bursitis, adhesive capsulitis, and bone marrow edema. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that he did not contest entitlement, agreeing that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine.
Based on the respondent's concession and the evidence, the Chief Special Master found Amall Ali entitled to compensation. Subsequently, on April 5, 2018, a decision awarding damages was issued.
The respondent proffered an award of $75,000.00 for pain and suffering, plus $5,484.91 to satisfy a New York State Medicaid lien, for a total award of $80,484.91. Amall Ali, identified as a competent adult, agreed with the proffered award.
The case was resolved by stipulation.
Source PDFs
USCOURTS-cofc-1_17-vv-00289