Giovanna Villaggio v. HHS - Influenza, shoulder injury related to receipt of the influenza (“flu”) vaccine (2016)
Case summary [AI summaries can sometimes make mistakes]
Giovanna Villaggio filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015, alleging that she suffered a shoulder injury related to her receipt of an influenza vaccine on November 14, 2012. Ms.
Villaggio stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had not previously received an award or settled a civil action for damages related to her condition. The respondent denied that the flu vaccine caused Ms.
Villaggio's shoulder injury or any other injury. However, on June 30, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. Ms.
Villaggio was awarded a lump sum of $35,000.00, payable to her, as compensation for all damages. This decision was issued on August 16, 2016.
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Petitioner was represented by John R.
Howie, Jr. of Howie Law, P.C., and respondent was represented by Douglas Ross of the U.S. Department of Justice.
Theory of causation
Petitioner Giovanna Villaggio received an influenza vaccine on November 14, 2012, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation. Petitioner was awarded $35,000.00 as a lump sum for all damages. The theory of causation is based on the "Table" of the Vaccine Injury Table, as indicated by the raw condition category SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The decision was issued by Chief Special Master Nora Beth Dorsey on August 16, 2016. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Douglas Ross.
Source PDFs
USCOURTS-cofc-1_15-vv-01306