Marijane Angels v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Marijane Angels filed a petition for compensation under the National Vaccine Injury Compensation Program on February 3, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, after receiving an influenza vaccine on February 8, 2019.

Ms. Angels further alleged that she received the vaccine within the United States, that she has suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 21, 2024, conceding that Ms. Angels' alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation under the Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 21, 2024, finding Ms.

Angels entitled to compensation. Subsequently, on February 28, 2024, the respondent filed a Proffer on Award of Compensation, proposing an award of $42,000.00 for pain and suffering, which Ms.

Angels agreed to. On April 3, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms.

Angels a lump sum payment of $42,000.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Act. The payment was to be made via a check payable to Ms.

Angels. Petitioner was represented by W.

Anthony Stevens, Jr. of the Law Offices of Louis W. Flynn, Jr. and Associates, 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 performed, or treatments received.