Danette Colagreco v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Danette Colagreco filed a petition on October 31, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 14, 2013.
The respondent, the Secretary of Health and Human Services, reviewed the case and concluded that the alleged injury was consistent with SIRVA and that the petitioner met all legal prerequisites for compensation. Based on the respondent's concession, Special Master Brian H.
Corcoran found that Danette Colagreco was entitled to compensation for an injury that was caused-in-fact by a covered vaccine. A separate order for damages was to be issued.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Traci Patton of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Danette Colagreco alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2013. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. Special Master Brian H. Corcoran found entitlement based on the respondent's concession and the "caused-in-fact" standard under the National Vaccine Injury Compensation Program, referencing 42 U.S.C. § 300aa-13(a)(1) and 42 C.F.R. § 100.3(a)(I). The specific mechanism of injury, expert testimony, and detailed medical evidence were not described in the public decision, which was a ruling on entitlement only, with damages to be determined separately. Petitioner was represented by Paul R. Brazil, and respondent by Traci Patton. The decision date was November 24, 2014.
Source PDFs
USCOURTS-cofc-1_14-vv-00465