De’Ann Zastrow v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

De’Ann Zastrow filed a petition under the National Vaccine Injury Compensation Program on October 3, 2019, seeking compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA) allegedly resulting from an influenza vaccine she received on November 28, 2017. Petitioner alleged that the vaccination caused a SIRVA, characterized by reduced range of motion.

The respondent, the Secretary of Health and Human Services, initially filed a report. On March 15, 2022, the Special Master had previously ruled that Petitioner experienced reduced range of motion following the flu vaccine.

Subsequently, on April 15, 2022, the Respondent filed an amended Rule 4(c) Report. In this amended report, the Respondent conceded that, in light of the Special Master's Findings of Fact and the submitted medical record evidence, the Division of Vaccine Injury Compensation Programs (DICP) concluded that Petitioner suffered SIRVA as defined by the Vaccine Injury Table.

The Respondent further stated that, based on the record and subject to the right to appeal the Findings of Fact, the Respondent did not dispute that Petitioner had satisfied all legal prerequisites for compensation under the Act. The Respondent requested that the issue of entitlement be decided based on the existing record.

Special Master Katherine E. Oler, considering the Respondent's position and the evidence of record, ruled that Petitioner was entitled to compensation.

The case was therefore entitled, pending a decision on damages. David J.

Carney represented the Petitioner, and Camille M. Collett represented the Respondent.

The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received, or the specific mechanism of injury.