Diana R. Hecht v. HHS - Influenza, left shoulder injury (2021)
Case summary [AI summaries can sometimes make mistakes]
Diana R. Hecht filed a petition for compensation on March 13, 2019, alleging a left shoulder injury resulting from an influenza vaccination received on September 26, 2016.
A fact hearing was held, and the Special Master found by a preponderance of the evidence that the onset of her shoulder injury occurred within 48 hours of the vaccination. The respondent conceded that Ms.
Hecht is entitled to compensation, stating that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The respondent noted that she had no recent history of shoulder problems, the onset of pain was within 48 hours of the intramuscular vaccination, and she suffered residual effects for more than six months.
The Special Master reviewed the record and respondent's concession, finding that Ms. Hecht is entitled to compensation.
The case will now proceed to the damages phase.
Source PDFs
USCOURTS-cofc-1_19-vv-00387