Jane Privitera v. HHS - Influenza, rotator cuff tendonitis and Parsonage Turner syndrome (2016)

Filed 2016-03-17Decided 2016-04-11Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

On March 17, 2015, Jane Privitera filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 8, 2013, caused her to develop rotator cuff tendonitis and Parsonage Turner syndrome. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused these conditions or any other injury.

Despite the respondent's denial, the parties reached a joint stipulation for damages. The stipulation stated that Petitioner would receive $80,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program.

Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. The parties waived their right to seek review, and judgment was to be entered in accordance with the terms of the stipulation.

Petitioner was represented by Isaiah R. Kalinowski of Maglio, Christopher & Toale, PA, and Respondent was represented by Justine Walters of the United States Department of Justice.

Theory of causation

Petitioner Jane Privitera alleged that an influenza vaccine administered on October 8, 2013, caused her to suffer from rotator cuff tendonitis and Parsonage Turner syndrome. The respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $80,000.00 for all damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injuries or the theory of causation. The attorneys involved were Isaiah R. Kalinowski for Petitioner and Justine Walters for Respondent. The decision was issued on April 11, 2016.

Source PDFs 2 total · 1 downloaded