Miriam Zamago v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Filed 2024-11-12Decided 2026-05-20Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Miriam Zamago filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on March 22, 2023. She reported immediate onset of left shoulder pain and reduced range of motion.

While she received initial treatment and physical therapy, she experienced an eight-month gap in care, attributing it to self-management and dismissive primary care providers. She later sought further physical therapy and an orthopedic evaluation, which revealed tendinosis and bursitis.

The court found that Miriam Zamago likely experienced residual effects of her condition for more than six months, thus satisfying the severity requirement for a SIRVA claim. The case is proceeding to determine damages, with the court noting that the compensation is expected to be low due to the minimal care sought and the treatment gap.

Respondent argued against compensation due to the severity requirement not being met, but the court disagreed based on the evidence presented.

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