Nicole Bingham v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Nicole Bingham filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2020. She alleged that an influenza vaccine administered on September 26, 2019, caused a right shoulder injury related to vaccine administration (SIRVA).

The petition stated that the vaccine was administered in the United States, that the effects of the injury lasted for six months or more, and that there had been no prior settlement or award for this injury. The case was assigned to the Special Processing Unit.

On March 18, 2022, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The Respondent agreed that Ms.

Bingham suffered a SIRVA of the right shoulder as defined by the Vaccine Injury Table and met the legal prerequisites for compensation under the Vaccine Act. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on March 21, 2022, finding Petitioner entitled to compensation. Subsequently, on March 18, 2022, the Respondent filed a proffer on the award of compensation, indicating a recommended award of $50,000.00, which Petitioner agreed to.

On April 29, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Bingham a lump sum payment of $50,000.00, payable by check to Petitioner.

This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice.

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