Rosanna Massucci v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 27, 2017, Rosanna Massucci filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on September 20, 2016, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA) and that she experienced residual effects for more than six months.
The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties, however, reached a stipulation for award.
Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $57,452.29 to Petitioner Rosanna Massucci, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was entered on April 10, 2020. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and Respondent was represented by Daniel A. Principato, a Trial Attorney with the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Petitioner.
Theory of causation
Petitioner Rosanna Massucci alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 20, 2016, with residual effects lasting more than six months. The respondent denied causation, onset within the Table's timeframe, persistence of injury for more than six months, and sequelae of a vaccine-related injury. The parties reached a stipulation for award, agreeing to a settlement amount of $57,452.29 for all damages. The Special Master adopted the stipulation. The public text indicates the SIRVA is a condition contained within the Vaccine Injury Table (42 C.F.R. § 100.3(a)). No specific medical experts or detailed causation theories were presented in the public decision, as the case was resolved via stipulation. The stipulation was approved by Special Master Herbrina Sanders on April 10, 2020. Petitioner was represented by Amy A. Senerth, and Respondent by Daniel A. Principato.
Source PDFs
USCOURTS-cofc-1_17-vv-01345