Anwesa Paul v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2022-12-22Decided 2024-04-01Vaccine Influenza
compensated$82,500

Case summary [AI summaries can sometimes make mistakes]

Anwesa Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 7, 2023, conceding that the petitioner's alleged injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 7, 2023, finding Ms.

Paul entitled to compensation. Subsequently, on February 28, 2024, the respondent filed a proffer on award of compensation, proposing an award of $82,500.00 for pain and suffering, which the petitioner agreed to.

On April 1, 2024, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding Anwesa Paul a lump sum payment of $82,500.00 for pain and suffering.

The decision notes that the petitioner is a competent adult and does not require evidence of guardianship. The award represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Daisy Mazoff of Siri & Glimstad, LLP, and respondent was represented by Mary Novakovic of the U.S. Department of Justice.

Theory of causation

Anwesa Paul filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2020. SIRVA is a defined Table injury. The respondent conceded that the injury was consistent with SIRVA and that the petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on November 7, 2023, by Chief Special Master Brian H. Corcoran. Subsequently, a proffer on damages was filed on February 28, 2024, by the respondent, proposing an award of $82,500.00 for pain and suffering, which the petitioner accepted. On April 1, 2024, Chief Special Master Brian H. Corcoran issued a decision awarding a lump sum payment of $82,500.00 for pain and suffering. Petitioner was represented by Daisy Mazoff (Siri & Glimstad, LLP) and respondent by Mary Novakovic (U.S. Department of Justice).

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