Barbara Castelein v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Barbara Castelein filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 26, 2019. The petition was filed on March 22, 2022.
Respondent filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. Respondent also agreed that her condition persisted for more than six months.
Based on this concession, entitlement to compensation was granted on November 27, 2023. Subsequently, on March 28, 2024, Respondent filed a proffer on award of compensation, agreeing to an award of $115,000.00 for pain and suffering, which Petitioner accepted.
The Chief Special Master issued a decision awarding this lump sum payment on May 1, 2024.
Source PDFs
USCOURTS-cofc-1_22-vv-00312