Bambi Pascucci v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Filed 2017-06-22Decided 2018-12-19Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Bambi Pascucci filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination received on September 23, 2015. The respondent denied that the flu immunization caused the alleged SIRVA or any other injuries.

The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action on her behalf. The parties later filed a joint stipulation on October 31, 2018, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Bambi Pascucci was awarded a lump sum of $120,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on December 19, 2018. Petitioner was represented by Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

The public decision does not name any medical experts.

Theory of causation

Petitioner Bambi Pascucci alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 23, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $120,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The attorneys involved were Shealene Priscilla Wasserman for the petitioner and Daniel Anthony Principato for the respondent. The decision date was December 19, 2018.

Source PDFs 2 total · 1 downloaded