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

Abera Mengistu filed a petition for compensation under the National Vaccine Injury Compensation Program on April 5, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 29, 2021. He further alleged that the injury caused residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation had been met. Consequently, a Ruling on Entitlement was issued on April 5, 2024, finding Abera Mengistu entitled to compensation.

Subsequently, on July 17, 2024, the respondent filed a Proffer on Award of Compensation, proposing an award of $42,500.00 for pain and suffering and $719.14 for past unreimbursable expenses, totaling $43,219.14. Abera Mengistu agreed with this proposed award.

On August 27, 2024, the court issued a Decision Awarding Damages, granting a lump sum payment of $43,219.14 to Abera Mengistu for pain and suffering and past unreimbursable expenses.