Michele Dominianni v. HHS - Influenza, left shoulder injury (2017)

Michele Dominianni filed a petition on May 23, 2016, alleging that she suffered a left shoulder injury caused by an influenza vaccination she received on September 18, 2014. The case was assigned to the Special Processing Unit.

On September 16, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused by the influenza vaccine. The respondent also agreed that no other cause for the injury was identified, that the petitioner suffered sequelae for more than six months, and that all legal prerequisites for compensation under the Vaccine Act were met.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, finding Ms. Dominianni entitled to compensation.

Subsequently, on March 27, 2017, the respondent filed a proffer recommending an award of $250,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed to this award.

Chief Special Master Dorsey issued a decision on October 27, 2017, awarding Ms. Dominianni a lump sum payment of $250,000.00, payable by check to her, for all damages.

Ronald Craig Homer represented the petitioner, and Alice Legat Tayman and Darryl Wishard represented the respondent. The decision was unpublished.