Cynthia Levin v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Cynthia Levin filed a petition on October 3, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 5, 2016, she received an influenza vaccine and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 4, 2018, conceding that Ms. Levin's injury was consistent with SIRVA and met the requirements of a Table injury.

The respondent also agreed that Ms. Levin had satisfied all legal prerequisites for compensation.

On June 7, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Levin eligible for compensation based on the respondent's concession and the evidence of record.

Subsequently, on September 24, 2018, the respondent filed a proffer on award of compensation. The proffer recommended an award of $116,000.00, comprising $115,000.00 for past and future pain and suffering and $1,000.00 for past unreimbursed expenses.

The proffer stated that the petitioner agreed with this proposed award. On October 29, 2018, Chief Special Master Dorsey issued a decision awarding damages, granting Ms.

Levin a lump sum payment of $116,000.00, payable by check to Cynthia Levin. This amount was intended to compensate for all damages available under the Vaccine Act.

Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.