Emilia Ostrowska v. HHS - HPV, shoulder injury related to vaccine administration (SIRVA) (2023)

Emilia Ostrowska filed a petition for compensation on February 8, 2021, on behalf of herself, alleging a shoulder injury related to vaccine administration (SIRVA) following a human papillomavirus (HPV) vaccine administered on September 16, 2020. Ms.

Ostrowska stated that the vaccination occurred in the United States, the residual effects of her injury lasted more than six months, and she had not received prior compensation or filed a civil action. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement.

The respondent determined that Ms. Ostrowska met the criteria for SIRVA as a Table injury, timely filed her case, received the vaccination in the United States, and satisfied the statutory severity requirement.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 11, 2023, finding Ms.

Ostrowska entitled to compensation. Subsequently, on May 15, 2023, Chief Special Master Corcoran issued a decision awarding damages based on a proffer agreed to by both parties.

Ms. Ostrowska was awarded a lump sum of $45,000.00, payable by check, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Brynna Gang of Kraus Law Group, LLC, and Respondent was represented by Parisa Tabassian 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.