Monika Nuon v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Monika Nuon filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 2, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 24, 2018, conceding that Ms.
Nuon was entitled to compensation. The respondent agreed that Ms.
Nuon had no recent history of shoulder pain, inflammation, or dysfunction; that the onset of her pain occurred within 48 hours after receiving the intramuscular flu vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality explained her shoulder pain. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2018, finding Ms.
Nuon entitled to compensation. Subsequently, on May 20, 2019, the respondent filed a proffer on the award of compensation, proposing a lump sum payment of $47,500.00 for pain and suffering, representing compensation for all available damages under the Vaccine Act.
Ms. Nuon, who is a competent adult, agreed with the proffered award.
On May 21, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Nuon a lump sum of $47,500.00, payable by check to Monika Nuon.
The decision was issued following the initial petition filed on September 27, 2017. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.