Joseph Orlando v. HHS - Influenza, bilateral shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Joseph Orlando filed a petition for compensation under the National Vaccine Injury Compensation Program on May 2, 2017, alleging he suffered bilateral shoulder injuries as a result of receiving influenza and pneumococcal conjugate immunizations on October 1, 2015. The respondent denied that the vaccinations caused his alleged shoulder injuries.
However, on January 23, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
Joseph Orlando was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on February 27, 2019.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Justine Elizabeth Walters of the U.S.
Department of Justice.
Theory of causation
Petitioner Joseph Orlando alleged bilateral shoulder injuries following influenza and pneumococcal conjugate immunizations on October 1, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail a specific theory of causation or provide expert medical opinions. The award was a lump sum of $100,000.00 for all damages. The public decision does not describe the mechanism of injury or any specific medical evidence supporting causation. Attorneys for petitioner were Joseph Alexander Vuckovich and for respondent was Justine Elizabeth Walters. The decision date was February 27, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-00589