Marlena Bacik v. HHS - Prevnar-13, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-09-07Decided 2025-02-24Vaccine Prevnar-13
compensated$137,587

Case summary [AI summaries can sometimes make mistakes]

Marlena Bacik filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a Prevnar-13 vaccination on September 21, 2018. She stated her symptoms had continued for more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her residual effects lasted more than six months.

Based on the respondent's concession and the evidence, entitlement to compensation was granted on October 19, 2023. Subsequently, on January 16, 2025, the respondent filed a proffer on award of compensation, recommending $137,587.51.

This amount included $120,000.00 for pain and suffering, $4,504.32 for past unreimbursed expenses, and $13,083.19 for past lost wages. Marlena Bacik agreed with this proffered award.

The Chief Special Master issued a decision awarding the full proffered amount on February 24, 2025, to be paid as a lump sum through her counsel's IOLTA account.

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