Gail R. Zuvich v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2019-02-26Decided 2020-12-09Vaccine Influenza
compensated$27,975

Case summary [AI summaries can sometimes make mistakes]

Gail R. Zuvich filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2019.

She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 8, 2017. Ms.

Zuvich stated that the vaccine was administered in the United States, that she suffered residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a SIRVA injury within the Table time period and further denied that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition.

Despite the respondent's denial, the parties filed a joint stipulation for compensation on November 4, 2020. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, Ms.

Zuvich was awarded a lump sum of $27,975.00, payable to Petitioner, for all items of damages. The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Dhairya Divyakant Jani of the U.S.

Department of Justice.

Theory of causation

Petitioner Gail R. Zuvich alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 8, 2017. Respondent denied the injury occurred within the Table time period and denied causation. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $27,975.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation and the injury occurred within the Table time period. The award was based on a joint stipulation.

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