Brianna Zabek v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Brianna Zabek filed a petition under the National Vaccine Injury Compensation Program on September 18, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder following an influenza vaccine administered on September 24, 2017. The case was assigned to the Special Processing Unit.
On September 19, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation.
The Respondent, the Secretary of Health and Human Services, did not contest entitlement, agreeing that Petitioner met the Table criteria for SIRVA and satisfied the six-month severity requirement. Subsequently, on January 13, 2023, Respondent filed a proffer on the award of compensation.
The parties stipulated to a total award of $52,796.00. This amount consisted of $52,500.00 for pain and suffering and $296.00 for past unreimbursable expenses.
On February 17, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding the stipulated amount.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Felicia Langel of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Brianna Zabek filed a petition on September 18, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 24, 2017. The case was processed under the Special Processing Unit. Respondent did not contest entitlement, agreeing that Petitioner met the Table criteria for SIRVA and the six-month severity requirement. A Ruling on Entitlement was issued on September 19, 2022, finding Petitioner entitled to compensation. On January 13, 2023, Respondent filed a proffer on award of compensation, which Petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on February 17, 2023, awarding a total of $52,796.00, comprising $52,500.00 for pain and suffering and $296.00 for past unreimbursable expenses. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP) and Respondent by Felicia Langel (U.S. Department of Justice). The theory of causation relied on the Vaccine Injury Table for SIRVA.