Ralph Lagamma v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-09-26Decided 2018-02-07Vaccine Influenza
compensated$90,600

Case summary [AI summaries can sometimes make mistakes]

On February 15, 2017, Ralph Lagamma filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on October 2, 2015, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The case was assigned to the Special Processing Unit.

On September 22, 2017, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent stated that the Division of Injury Compensation Programs concluded that a preponderance of the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the flu vaccine administered on October 2, 2015.

The respondent also agreed that the injury was not due to unrelated factors and had sequelae for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding the petitioner entitled to compensation.

Subsequently, on February 7, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had included a Proffer on Award of Compensation in his Rule 4(c) Report, suggesting an award of $90,600.00, with the petitioner agreeing to this amount.

The decision awarded Ralph Lagamma a lump sum payment of $90,600.00, representing compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

The attorneys involved were Amy A. Senerth for the petitioner and Daniel Anthony Principato for the respondent.

Theory of causation

Petitioner Ralph Lagamma received an influenza vaccine on October 2, 2015, and alleged a shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The respondent conceded causation-in-fact, agreeing that the flu vaccine administered on October 2, 2015, caused the petitioner's left shoulder injury, that the injury was not due to unrelated factors, and that the sequelae lasted more than six months. This was treated as an off-Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding the petitioner entitled to compensation. A subsequent decision on February 7, 2018, awarded a lump sum of $90,600.00 based on a proffer agreed to by the petitioner, representing compensation for all damages. The public decision does not detail the specific mechanism of injury or name any medical experts.

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