Mary Beth Neiman v. HHS - Influenza, left shoulder injury related to vaccine administration (2022)

Mary Beth Neiman filed a petition on April 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The respondent filed a Rule 4(c) report on September 7, 2021, conceding that the petitioner met the criteria for SIRVA as a Table injury and did not contest entitlement to compensation.

Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 8, 2021, finding Ms.

Neiman entitled to compensation. Subsequently, on January 28, 2022, the respondent filed a proffer on award of compensation, indicating that the petitioner agreed to an award of $56,859.63.

This amount comprised $55,000.00 for pain and suffering and $1,859.63 for unreimbursed expenses. Chief Special Master Corcoran issued a decision awarding damages on March 3, 2022, granting the proffered award.

Ms. Neiman is a competent adult.

Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Mark Kim Hellie of the U.S.

Department of Justice.