Mary Jo Accetta v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Mary Jo Accetta filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and pneumococcal conjugate vaccines in her left arm on October 1, 2015. The Chief Special Master found that Ms.
Accetta's SIRVA onset likely began within 48 hours of vaccination, satisfying the Table claim requirement. The decision noted that while Ms.
Accetta is a retired physical therapist and initially attempted self-treatment for soreness, her subsequent medical records consistently linked the onset of pain and dysfunction to the October 1, 2015 vaccinations. The court found that her pain and reduced range of motion were limited to the left shoulder and no other condition explained her symptoms.
Consequently, Ms. Accetta was found entitled to compensation.
In a subsequent decision, the court awarded Ms. Accetta $95,000.00 for actual pain and suffering.
This award considered the duration of her injury, the recommended surgery, and significant treatment gaps, balancing these factors to arrive at a fair compensation amount.
Source PDFs
USCOURTS-cofc-1_17-vv-01731