Marissa Bialek v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Marissa Bialek filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 15, 2016.

The case was assigned to the Special Processing Unit. On March 1, 2019, the respondent filed a Rule 4(c) report conceding that Ms.

Bialek was entitled to compensation. The respondent stated that the Division of Injury Compensation Programs determined that her left shoulder injury was consistent with an on-Table SIRVA related to the flu vaccine administered on October 15, 2016.

The respondent further agreed that no other causes for the SIRVA were identified, that Ms. Bialek suffered the sequela of her injury for more than six months, and that she met the statutory requirements for entitlement.

On March 4, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Ms. Bialek entitled to compensation.

Subsequently, on April 3, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms. Bialek should be awarded $82,875.00, an amount to which Ms.

Bialek agreed. This proffer stated that the award was comprised of $82,500.00 for pain and suffering and $375.00 for past out-of-pocket medical expenses, representing all elements of compensation available under the Vaccine Act.

On June 27, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Bialek a lump sum payment of $82,875.00, payable by check to Marissa Bialek.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.

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