Toni Ragusa v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Toni Ragusa filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2016. The public decision does not describe the specific symptoms, onset, or medical treatments related to her alleged injury.
The respondent filed a Rule 4(c) report on September 5, 2018, conceding that Ms. Ragusa's alleged injury was consistent with SIRVA and that she was entitled to a presumption of vaccine causation.
Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 6, 2018, finding Ms. Ragusa entitled to compensation.
Subsequently, on October 3, 2018, the respondent filed a proffer recommending an award of $50,000.00 for pain and suffering, which Ms. Ragusa agreed to.
The decision dated December 6, 2018, awarded Ms. Ragusa a lump sum payment of $50,000.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.
The award was made payable to Toni Ragusa.
Theory of causation
Petitioner Toni Ragusa filed a petition on September 29, 2017, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 14, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and that petitioner was entitled to a presumption of vaccine causation. The public decision does not detail the specific mechanism of injury or name any medical experts. A Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on September 6, 2018. On October 3, 2018, respondent filed a proffer recommending an award of $50,000.00 for pain and suffering, which petitioner accepted. Chief Special Master Dorsey issued a decision on December 6, 2018, awarding petitioner a lump sum of $50,000.00 for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S. Pop, and respondent by Amy Paula Kokot.
Source PDFs
USCOURTS-cofc-1_17-vv-01385