Candace M. Berlin v. HHS - Influenza, right shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Candace M. Berlin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2018.
She alleged that an influenza vaccination administered on September 16, 2016, in her right deltoid, caused a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
On August 19, 2019, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA, which is a Table injury, and that she met all legal prerequisites for compensation. On August 22, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.
Subsequently, on September 9, 2019, the parties filed a proffer on the award of compensation. In this proffer, the respondent recommended that petitioner be awarded a lump sum of $110,000.00 for all damages, with the full amount designated for pain and suffering.
Petitioner agreed with this proffered award. On September 11, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Candace M.
Berlin a lump sum of $110,000.00, payable by check to petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Jeffrey T.
Sprague of the U.S. Department of Justice.
The decision was unpublished.