Donizetti Goncalves v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Donizetti Goncalves filed a petition for compensation on September 10, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 20, 2014. The case was assigned to the Special Processing Unit.
On February 3, 2016, respondent filed a Rule 4(c) report conceding that Mr. Goncalves was entitled to compensation.
Respondent stated that the alleged injury was consistent with SIRVA and that Mr. Goncalves met all legal prerequisites for compensation under the National Vaccine Injury Compensation Program.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement that day, finding Mr. Goncalves entitled to compensation.
Subsequently, on October 13, 2016, respondent filed a proffer on award of compensation, proposing an award of $141,357.13. The petitioner agreed with this amount.
On January 11, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding Mr. Goncalves a lump sum payment of $141,357.13, representing compensation for all damages available under the Act.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S.
Department of Justice.
Theory of causation
Petitioner Donizetti Goncalves alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on January 20, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and that petitioner met all legal prerequisites. The case proceeded to an award based on a joint proffer. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 3, 2016, and a decision awarding damages on January 11, 2017. The award was a lump sum of $141,357.13, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The specific mechanism of injury and medical experts were not detailed in the provided public text. The theory of causation was based on the Table of the National Vaccine Injury Compensation Program. Petitioner was represented by Maximillian J. Muller, and respondent by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_15-vv-01002