Anthony Casciano v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Anthony Casciano filed a petition for compensation under the National Vaccine Injury Compensation Program on October 7, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by his October 14, 2015 influenza vaccination.
Mr. Casciano further alleged that he experienced residual effects of his injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of his alleged injury.
The respondent denied that the vaccine caused Mr. Casciano's alleged injury or any other condition.
Nevertheless, on March 16, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Anthony Casciano was awarded a lump sum of $50,000.00, payable to him, as compensation for all items of damages. Petitioner's counsel was Nancy Routh Meyers of Ward Black Law, and respondent's counsel was Alexis B.
Babcock of the U.S. Department of Justice.
Theory of causation
Petitioner Anthony Casciano alleged a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by his October 14, 2015 influenza vaccination, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on March 16, 2017, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner was awarded a lump sum of $50,000.00 for all damages. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, and expert witnesses were not described in the public decision. The theory of causation was off-Table. The decision was issued by Chief Special Master Nora Beth Dorsey on October 20, 2017. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_16-vv-01294