Theresa Cusolito v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Theresa Cusolito filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2017. She alleged that she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 11, 2016.
The respondent, the Secretary of Health and Human Services, denied that the immunization caused petitioner's injury. Despite the denial, the parties reached a joint stipulation to settle the case.
Special Master Mindy Michaels Roth adopted the stipulation, awarding Ms. Cusolito a lump sum of $45,000.00, payable to her, as compensation for all damages available under the National Vaccine Injury Compensation Program for her SIRVA injury.
The decision was issued on July 25, 2023. Petitioner was represented by Leah Durant, Esq., and respondent was represented by Debra Begley, Esq.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner Theresa Cusolito alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 11, 2016. Respondent denied causation. The parties reached a joint stipulation to settle the case, which was adopted by Special Master Mindy Michaels Roth on July 25, 2023. The settlement awarded a lump sum of $45,000.00 to petitioner. The theory of causation is based on the "Table" of the National Vaccine Injury Compensation Program, as indicated by the provided data, though the specific mechanism is not detailed in the public decision. Petitioner was represented by Leah Durant, Esq., and respondent by Debra Begley, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-01237