Gretchen Zufall v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2018-12-28Decided 2021-02-08Vaccine Influenza
compensated$112,204

Case summary [AI summaries can sometimes make mistakes]

Gretchen Zufall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she sustained left shoulder injuries related to the influenza (flu) vaccination she received on September 26, 2016. The respondent conceded that her claim met the Vaccine Injury Table criteria for SIRVA.

The respondent determined that Ms. Zufall had no prior history of shoulder issues, experienced pain and reduced range of motion within 48 hours of the vaccination, and that these symptoms were limited to the shoulder that received the injection.

The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury had residual effects for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement.

Subsequently, the parties submitted a proffer on award of compensation. The court awarded Ms.

Zufall a lump sum payment of $112,204.61, representing compensation for past pain and suffering and past unreimbursed expenses.

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