Mendy Tatro v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On July 13, 2018, Petitioner Mendy Tatro filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 8, 2017. The petition was filed on February 16, 2021.
The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. On February 12, 2021, the respondent filed an amended Rule 4(c) Report stating that the petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.
The respondent further stated that the petitioner had satisfied all legal prerequisites for compensation. The respondent also filed a proffer on February 12, 2021, agreeing to issue payments for all damages.
The Special Master, Katherine E. Oler, adopted the parties' proffer and awarded Mendy Tatro a lump sum payment of $166,695.33 for all damages, to be paid in the form of a check to the petitioner.
The decision was issued on April 12, 2021. Petitioner was represented by Jimmy A.
Zgheib of Zgheib Sayad P.C., and respondent was represented by Lynn C. Schlie of the U.S.
Department of Justice.
Theory of causation
Petitioner Mendy Tatro received an influenza vaccine on November 8, 2017, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The petition was filed on February 16, 2021, and the decision was issued on April 12, 2021. The respondent, Health and Human Services, determined that the petitioner satisfied the criteria set forth in the Vaccine Injury Table. The case was resolved via proffer, with the respondent agreeing to compensation. Special Master Katherine E. Oler adopted the proffer and awarded a lump sum of $166,695.33 for all damages. Petitioner was represented by Jimmy A. Zgheib, and respondent was represented by Lynn C. Schlie.
Source PDFs
USCOURTS-cofc-1_18-vv-01013