Judith Isacoff v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Judith Isacoff filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 12, 2015. The petition stated the vaccination was administered in the United States and that she experienced residual effects for more than six months.
Respondent denied that the flu vaccine caused her SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on July 31, 2017, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Ms.
Isacoff was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S.
Department of Justice. Judgment was to be entered accordingly.
Theory of causation
Petitioner Judith Isacoff alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 12, 2015. The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $75,000.00 to petitioner. Petitioner counsel was Isaiah Richard Kalinowski, and respondent counsel was Claudia Barnes Gangi. The decision date was May 22, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01450