Margaret Morelli v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Margaret Morelli filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 26, 2015, and that she experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused petitioner's shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.
Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The award consisted of a lump sum of $81,862.88, payable to the petitioner, representing compensation for all items of damages available under the Vaccine Act.
The decision was based on the joint stipulation between the parties. Petitioner was represented by Jeffrey S.
Pop, and respondent was represented by Claudia Barnes Gangi.
Theory of causation
Petitioner Margaret Morelli alleged that an influenza vaccine administered on October 26, 2015, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The award was a lump sum of $81,862.88. The decision date was April 11, 2018. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_16-vv-01395