Kathleen Scarpato v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Kathleen Scarpato filed a petition for compensation on November 2, 2016, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2014. The respondent filed a Rule 4(c) report conceding entitlement, agreeing that the petitioner's injury was consistent with SIRVA and causally related to the flu vaccine.

The respondent also agreed that no other causes for the injury were identified and that the injury persisted for more than six months after vaccination. A ruling on entitlement was issued on March 22, 2017, finding the petitioner entitled to compensation.

Subsequently, on October 24, 2017, the respondent filed a proffer on award of compensation, proposing $127,500.00, which the petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on February 23, 2018, awarding Kathleen Scarpato a lump sum payment of $127,500.00 as compensation for all damages.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by William E.

Cochran, Jr. of Black McLaren, et al., PC, and later Black McLaren Jones Ryland & Griffee, P.C. Respondent was represented by Glenn A.

MacLeod of the U.S. Department of Justice.