Elizabeth Mozer v. HHS - Influenza, left shoulder injuries (2019)

Elizabeth Mozer 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 10, 2015. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Mozer was entitled to compensation. The respondent specifically concluded that her condition met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA), which is a condition listed on the Vaccine Injury Table.

Based on this concession and the evidence of record, the court issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $118,067.62.

This amount included $110,000.00 for pain and suffering, $3,265.52 for past out-of-pocket medical expenses, and $4,802.10 for past lost wages. The petitioner agreed with this proffered award.

The court accepted the proffer and awarded Ms. Mozer the lump sum of $118,067.62, representing compensation for all damages available under the Act.