Cheryl Fabian v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Fabian filed a petition for compensation on May 29, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2019. The respondent filed a Rule 4(c) report on November 23, 2021, conceding entitlement to compensation.
The respondent noted that Ms. Fabian had no prior history of shoulder issues, her symptoms occurred within 48 hours of the vaccination, her symptoms were localized to the vaccinated shoulder, and no other condition explained her symptoms.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 24, 2021, finding Ms.
Fabian entitled to compensation. On March 7, 2022, the respondent filed a proffer recommending an award of $67,724.06, comprising $67,500.00 for pain and suffering and $224.06 for past unreimbursable medical expenses.
The respondent stated that Ms. Fabian, a competent adult, agreed with the proffered award.
Chief Special Master Corcoran issued a decision on March 7, 2022, awarding the proffered amount as a lump sum payment to Ms. Fabian.
Petitioner counsel was Ronald Craig Homer. Respondent counsel was Althea Walker Davis.