Natasha Itchkavich v. HHS - Influenza, right shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Natasha Itchkavich filed a petition for compensation on April 18, 2017, alleging she suffered a right shoulder injury as a result of receiving an influenza vaccine on October 7, 2015. The respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA).
The respondent noted that the petitioner had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain was limited to the injected shoulder, with no other condition explaining the symptoms. The ruling on entitlement was issued on November 28, 2017, by Chief Special Master Nora Beth Dorsey, finding the petitioner entitled to compensation.
Subsequently, on May 1, 2018, the respondent filed a proffer recommending an award of $85,991.00, which the petitioner agreed to. On August 29, 2018, Chief Special Master Nora Beth Dorsey awarded Natasha Itchkavich a lump sum payment of $85,991.00.
Petitioner was represented by John Caldwell and Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA. Respondent was represented by Justine Elizabeth Walters of the U.S.
Department of Justice.
Theory of causation
Petitioner Natasha Itchkavich filed a petition alleging a right shoulder injury after receiving an influenza vaccine on October 7, 2015. The respondent conceded that the claim met the Table criteria for SIRVA, noting the absence of prior shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injected shoulder, and no other explanatory condition. The ruling on entitlement was issued on November 28, 2017, by Chief Special Master Nora Beth Dorsey. A subsequent proffer on award of compensation, filed on May 1, 2018, recommended $85,991.00, which the petitioner agreed to. On August 29, 2018, Chief Special Master Dorsey awarded petitioner Natasha Itchkavich a lump sum payment of $85,991.00. Petitioner counsel was John Caldwell and Joseph Alexander Vuckovich; respondent counsel was Justine Elizabeth Walters.
Source PDFs
USCOURTS-cofc-1_17-vv-00544