Ling Chen v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Ling Chen filed a petition for compensation under the National Vaccine Injury Compensation Program on June 1, 2017, alleging a left shoulder injury causally related to an influenza vaccine received on January 28, 2016. The respondent filed a Rule 4(c) report on April 30, 2018, conceding that Ms.
Chen's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she met all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 30, 2018, finding Ms.
Chen entitled to compensation. Subsequently, on May 9, 2019, the respondent filed a proffer on award of damages, recommending a total award of $81,629.13.
This amount comprised $80,000.00 for actual and projected pain and suffering and $1,629.13 for past unreimbursable expenses. The petitioner agreed with this proffered award.
Chief Special Master Dorsey issued a decision on May 9, 2019, awarding the proffered amount. Ms.
Chen is a competent adult. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public record.