Barbara Sakovits v. HHS - Influenza, left shoulder injuries (2020)

Barbara Sakovits filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries caused by an influenza vaccination she received on October 24, 2014. The case was assigned to the Special Processing Unit.

Initially, Respondent opposed compensation, arguing that Petitioner had not established that the onset of her left shoulder pain occurred within 48 hours of vaccination. However, a fact ruling found the onset of Petitioner’s pain occurred immediately upon vaccination.

Respondent subsequently conceded that Petitioner suffered Shoulder Injury Related to Vaccine Administration (SIRVA) and satisfied the legal prerequisites for compensation. The court found Petitioner entitled to compensation.

The parties then attempted to resolve damages, eventually proceeding to a hearing. Petitioner requested $90,000.00 for past pain and suffering, $5,000.00 for future pain and suffering, and $1,707.72 for past medical expenses.

Respondent proposed $47,500.00 for past pain and suffering and no future pain and suffering, but agreed to the $1,707.72 for past medical expenses. The court awarded Barbara Sakovits a total of $69,707.72, comprising $68,000.00 for past pain and suffering and $1,707.72 for past unreimbursed expenses.

No award was made for future pain and suffering.