Nidal Zaidan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Nidal Zaidan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine he received on September 19, 2018. The petition stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed other civil actions or received compensation for his injury.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, as he met the criteria for a presumed SIRVA injury as defined by the Vaccine Injury Table. A ruling on entitlement was issued on June 7, 2021, finding Petitioner entitled to compensation.

Subsequently, on November 29, 2021, Respondent filed a proffer on award of compensation, proposing an award of $95,429.00, which included $95,000.00 for pain and suffering and $429.00 for past unreimbursed medical expenses. Petitioner agreed with this proffered award.

The decision dated January 6, 2022, awarded Petitioner the lump sum of $95,429.00.