David Palmieri v. HHS - Influenza, shoulder injury/rotator cuff tear (2017)

David Palmieri filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2016, alleging that he suffered a shoulder injury/rotator cuff tear as a consequence of receiving a quadrivalent influenza vaccine on October 1, 2015. He asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition.

Respondent denied that the flu vaccine caused the alleged left shoulder injury/rotator cuff tear or any other injury. Despite the denial, the parties filed a joint stipulation on March 7, 2017, agreeing to an award of compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the court's decision. David Palmieri was awarded a lump sum of $95,000.00 as compensation for all damages available under the Vaccine Act.