Bertina Chian v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Bertina Chian filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 10, 2022. She alleged that her injury lasted for more than six months.
The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder. The respondent also agreed that her condition lasted more than six months and that she met all legal prerequisites for compensation.
A ruling on entitlement was issued on December 23, 2024, finding her entitled to compensation. Subsequently, on April 3, 2025, the respondent filed a proffer on award of compensation, agreeing to a total award of $65,147.50, consisting of $65,000.00 for pain and suffering and $147.50 for past unreimbursable expenses.
The decision awarding damages was issued on May 6, 2025, granting the proffered award.
Source PDFs
USCOURTS-cofc-1_24-vv-00460