Carey Shimada v. HHS - Influenza, right shoulder injury (2019)

Carey Shimada filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2018. She alleged that she suffered a right shoulder injury as a result of receiving an influenza vaccine on October 18, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 15, 2019, conceding that Ms. Shimada's Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination and that she met the statutory severity requirement of suffering residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 25, 2019, finding Ms. Shimada entitled to compensation.

Subsequently, on July 26, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms. Shimada should be awarded $77,925.48, which included $75,000.00 for pain and suffering and $2,925.48 for unreimbursed expenses.

The petitioner agreed with this proffered award. On August 6, 2019, Chief Special Master Dorsey issued a decision awarding Ms.

Shimada a total of $77,925.48 as a lump sum payment. The case proceeded as an off-Table claim.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.