Behrooz Mozaffarian v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Behrooz Mozaffarian filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 25, 2017. He claimed the injury met the Table definition for SIRVA or was otherwise caused in fact by the vaccination.
The respondent conceded that Mr. Mozaffarian was entitled to compensation, agreeing that his injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.
Specifically, the respondent noted that Mr. Mozaffarian had no prior history of shoulder issues, his pain occurred within 48 hours of the vaccination, and the symptoms were limited to the injection site shoulder.
Based on the respondent's concession and the evidence, the Chief Special Master ruled on entitlement, finding Mr. Mozaffarian eligible for compensation.
Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $105,950.00, comprising $105,000.00 for pain and suffering and $950.00 for unreimbursable expenses.
Mr. Mozaffarian agreed with this proposed award.
The court accepted the proffer and awarded Mr. Mozaffarian the lump sum of $105,950.00.
Source PDFs
USCOURTS-cofc-1_19-vv-00060