Virginia Lovitto v. HHS - Influenza, left shoulder injury (2018)

Virginia Lovitto filed a petition on December 19, 2016, alleging that she suffered a left shoulder injury caused by her influenza vaccination on September 23, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Lovitto's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), that the injury was caused-in-fact by the influenza vaccination, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that Ms.

Lovitto met all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. On December 19, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.

Lovitto entitled to compensation. Subsequently, on August 9, 2017, the respondent filed a proffer agreeing to an award of $147,500.00.

This proffer stated that Ms. Lovitto agreed with the proffered award, which represented compensation for all elements of damages available under 42 U.S.C. § 300aa-15(a).

The decision dated February 1, 2018, awarded Ms. Lovitto a lump sum of $147,500.00, payable by check to petitioner, for all elements of compensation.

Petitioner was represented by Amber Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Camille Collett of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Attorneys' fees and litigation costs were to be determined at a later date upon submission of substantiating documentation.