Michele Carusotto v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Michele Carusotto filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 7, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Carusotto is entitled to compensation for a SIRVA of her left upper extremity within 48 hours of the vaccine. The respondent agreed that she had satisfied all legal prerequisites for compensation.
Subsequently, on November 8, 2017, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00, which Ms. Carusotto agreed to.
The Chief Special Master issued a ruling on entitlement on October 10, 2017, finding Ms. Carusotto entitled to compensation.
A decision awarding damages was issued on March 1, 2018, granting a lump sum payment of $120,000.00 to Ms. Carusotto, representing compensation for all damages available under the Act.
The case proceeded as an off-Table claim, with the respondent conceding entitlement based on the evidence of record.
Source PDFs
USCOURTS-cofc-1_17-vv-00263