Shirley Ozio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Shirley Ozio filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 12, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 8, 2021, conceding that Ms.

Ozio was entitled to compensation. The respondent agreed that Ms.

Ozio suffered a "Table injury" and had satisfied all legal prerequisites for compensation under the Act. On January 11, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Ozio entitled to compensation.

Subsequently, on March 26, 2021, the respondent filed a proffer on award of compensation. The proffer recommended an award of $45,688.00, consisting of $45,000.00 for pain and suffering and $688.00 for past unreimbursed expenses.

Ms. Ozio agreed with the proffered award.

Chief Special Master Corcoran issued a decision on March 26, 2021, awarding Ms. Ozio the stipulated lump sum of $45,688.00, payable by check to Petitioner.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Alexa Roggenkamp of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms.

Ozio.