Limor Mazlin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Limor Mazlin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on August 28, 2020. She claimed the injury occurred in the United States, that its effects lasted for more than six months, and that she had not received other compensation for it.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Mazlin's injury was consistent with SIRVA as defined by the Vaccine Injury Table.
The respondent agreed that she had no prior shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for over six months and met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Mazlin entitled to compensation.
Subsequently, a decision awarding damages was issued. The respondent proffered an award of $76,405.00, which included $75,000.00 for pain and suffering and $1,405.00 for past unreimbursable expenses.
Ms. Mazlin agreed with this proffered award.
The court awarded her the lump sum of $76,405.00.
Source PDFs
USCOURTS-cofc-1_21-vv-01916