Kirk Franceschini v. HHS - Influenza, septic arthritis in petitioner’s left shoulder (2019)

Kirk Franceschini filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2016. He alleged that an influenza and/or tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on November 6, 2013, caused him to suffer either brachial neuritis or a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a report on March 20, 2017, conceding that Mr. Franceschini was entitled to compensation.

The respondent recommended an award for septic arthritis in Mr. Franceschini's left shoulder, noting that he continued to seek treatment for his arm/shoulder pain for more than six months after the onset of his condition and had inpatient hospitalization.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 20, 2017, finding that the petitioner was entitled to compensation. The case was then moved to the damages phase and transferred to Special Master Thomas L.

Gowen on February 8, 2018. On May 14, 2019, the parties filed a stipulation for damages.

The stipulation awarded Mr. Franceschini a lump sum of $256,000.00, payable by check, representing all damages available under 42 U.S.C. § 300aa-15(a) for injuries related to the flu and/or Tdap vaccines.

Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered accordingly. Petitioner's counsel was Robert J.

Killeen, Jr. of Killeen & Stern, P.C. Respondent's counsel was Ryan D.

Pyles of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.