Sasha Weiser-Freedman v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Sasha Weiser-Freedman filed a petition on September 14, 2018, alleging that her influenza vaccination on October 17, 2016, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table. The respondent also stated that no other cause for the petitioner's shoulder injury was identified and that the medical records demonstrated residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 28, 2019, finding the petitioner entitled to compensation.

Subsequently, on January 21, 2020, the parties filed a proffer on the award of damages. The respondent recommended an award of $80,000.00 for pain and suffering and $1,645.00 for past unreimbursable expenses, totaling $81,645.00.

The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on January 22, 2020, awarding the petitioner a lump sum payment of $81,645.00, representing $80,000.00 for actual and projected pain and suffering and $1,645.00 for past unreimbursable expenses.

Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S.

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