Jamie Saracino v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2015-10-06Decided 2016-05-31Vaccine Influenza
compensated$130,439

Case summary [AI summaries can sometimes make mistakes]

Jamie Saracino filed a petition on October 6, 2015, alleging that an influenza vaccination received on November 25, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine received on or about November 25, 2014. The respondent also stated that no other cause for the injury was identified, that the injury lasted more than six months, and that petitioner met all legal requirements for compensation under the National Vaccine Injury Compensation Program.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found petitioner entitled to compensation. The decision awarded Jamie Saracino a lump sum payment of $130,439.12, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Franklin John Caldwell, Jr. represented the petitioner, and Traci R.

Patton represented the respondent.

Theory of causation

Petitioner Jamie Saracino received an influenza vaccination on November 25, 2014. She alleged this vaccine caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the flu vaccine. No other cause was identified, and the injury lasted more than six months. Petitioner met all legal prerequisites for compensation. The case was decided based on a stipulation/proffer. The respondent proffered an award of $130,439.12, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which petitioner accepted. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement and awarded damages on May 31, 2016. The theory of causation is based on the "Table" category of the Vaccine Injury Table, specifically SIRVA. The public decision does not name specific medical experts or detail the mechanism of injury beyond its consistency with SIRVA.

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