Afshin Khan v. HHS - Influenza, left shoulder injury (2020)
Case summary [AI summaries can sometimes make mistakes]
Afshin Khan filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2017, alleging a left shoulder injury resulting from an influenza vaccination received on October 4, 2016. The case was assigned to the Special Processing Unit.
On August 19, 2019, the respondent filed an Amended Rule 4(c) report conceding that Ms. Khan was entitled to compensation.
The respondent stated that, in light of a Chief Special Master's fact ruling and the submitted medical record evidence, they concluded that the petitioner suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and that the residual effects of her condition lasted for more than six months. On August 23, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding the petitioner entitled to compensation.
Subsequently, on January 6, 2020, the parties submitted a proffer for an award of compensation. Chief Special Master Brian H.
Corcoran issued a decision on February 13, 2020, awarding Afshin Khan a total of $81,013.87. This award comprised $80,000.00 for pain and suffering and $1,013.87 for unreimbursable expenses, to be paid as a lump sum check payable to Ms.
Khan. Petitioner was represented by Alison H.
Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.
Theory of causation
Petitioner Afshin Khan received an influenza vaccine on October 4, 2016, and alleged a left shoulder injury, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. The case proceeded as a Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 23, 2019. Subsequently, Chief Special Master Brian H. Corcoran issued a decision on February 13, 2020, awarding $81,013.87 ($80,000.00 for pain and suffering, $1,013.87 for unreimbursable expenses) as a lump sum payment. Petitioner was represented by Alison H. Haskins, and respondent by Althea Walker Davis. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the Table definition.