Melissa K. Woinarowicz v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Melissa K. Woinarowicz filed a petition for vaccine injury compensation on May 4, 2018, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 22, 2017.
The case was assigned to the Special Processing Unit. On April 11, 2019, the respondent filed a Rule 4(c) report conceding that Ms.
Woinarowicz is entitled to compensation. The respondent concluded that the petitioner suffered a SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation under the Vaccine Act.
Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 12, 2019, finding the petitioner entitled to compensation. Subsequently, on July 10, 2019, the parties submitted a proffer on the award of compensation.
The respondent proffered that the petitioner should be awarded a total of $87,730.55, consisting of $82,500.00 for past and future pain and suffering, and $5,230.55 for documented past unreimbursable expenses. The petitioner agreed with this proffered award.
Chief Special Master Dorsey issued a Decision Awarding Damages on July 12, 2019, awarding the petitioner a lump sum payment of $87,730.55, payable to Melissa K. Woinarowicz.
This amount represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Richard H.
Moeller of Moore, Heffernan, et al., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.