Jennifer Gregorino v. HHS - Influenza, shoulder injury related to vaccine administration (2019)

Jennifer Gregorino filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) and/or other injuries caused-in-fact by a seasonal influenza vaccination she received on October 21, 2016.

Ms. Gregorino claimed to have experienced residual effects from her injury for more than six months and that the vaccination was administered in the United States.

She also stated she had never filed a civil action nor received compensation for her alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, denied that Ms.

Gregorino sustained a SIRVA injury listed in the Vaccine Injury Table and denied that her alleged SIRVA and its residual effects were caused-in-fact by the flu vaccine. Despite these denials, the parties filed a joint stipulation on July 18, 2019, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Gregorino was awarded a lump sum of $170,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

The decision was issued on October 22, 2019. Petitioner was represented by Michael G.

McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.