Debora Russo v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Debora Russo filed a petition on August 27, 2014, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 26, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 31, 2014, conceding that Ms.
Russo suffered from SIRVA and recommending compensation. The parties subsequently reached a proffer agreement for an award of compensation.
Special Master Laura D. Millman issued a decision on August 27, 2014, awarding Ms.
Russo a total of $121,310.95. This award consisted of a lump sum of $108,000.00 for all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), and an additional lump sum of $13,310.95 for reimbursement of attorneys' fees and costs.
The award for compensation was made payable to Ms. Russo, and the award for attorneys' fees and costs was made payable jointly to Ms.
Russo and her counsel, Muller Brazil, L.L.P. Petitioner's counsel was Paul R.
Brazil, and respondent's counsel was Ann D. Martin.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The decision does not name any medical experts or detail a specific mechanism of injury beyond the general category of SIRVA.
Theory of causation
Petitioner Debora Russo alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 26, 2011. The respondent conceded SIRVA and recommended compensation. The parties entered into a proffer agreement, and Special Master Laura D. Millman awarded $108,000.00 for compensation and $13,310.95 for attorneys' fees and costs, totaling $121,310.95. The award was based on a stipulation and proffer, not on detailed expert testimony or a specific finding of a mechanism of injury beyond the "Table" category for SIRVA. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Ann D. Martin. The decision was issued on August 27, 2014.
Source PDFs
USCOURTS-cofc-1_14-vv-00480