Julia Adamczyk v. HHS - Influenza, skull fracture and concussion (2022)

On November 5, 2021, Eric Adamczyk, parent and legal guardian of Julia Adamczyk (J.A.), a minor at the time, and J.A. in her own right, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that J.A. suffered injuries, including skull fracture and concussion, resulting from adverse effects of a Fluarix Quadrivalent PFS influenza vaccination received on November 11, 2018.

The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 26, 2022, conceding that the petitioner met the criteria for a Table injury and experienced six months of residual effects.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 27, 2022, finding the petitioner entitled to compensation.

Subsequently, on November 7, 2022, the respondent filed a proffer of compensation. The parties agreed to an award of $80,414.56.

This amount consisted of $75,000.00 for actual and projected pain and suffering, and $5,414.56 for out-of-pocket medical expenses paid by J.A.'s father. On November 8, 2022, Chief Special Master Corcoran issued a decision awarding damages based on this proffer.

The award was structured as a lump sum of $75,000.00 payable to Julia Adamczyk and a lump sum of $5,414.56 payable jointly to Julia Adamczyk and Eric Adamczyk. Petitioner's counsel was John A.

Adamczyk of Adamczyk Law Offices, L.L.P. Respondent's counsel was Katherine Carr Esposito of the U.S.

Department of Justice.