Angela Avanti v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Angela Avanti filed a petition for compensation on December 20, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 19, 2016. The respondent filed a Rule 4(c) report on March 20, 2019, conceding entitlement.
The respondent agreed that petitioner had no recent history of left shoulder pain, inflammation, or dysfunction; that her pain occurred within 48 hours after the flu vaccine; and that no other condition explained her shoulder pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 20, 2019, finding Ms. Avanti entitled to compensation.
Subsequently, on March 29, 2019, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $100,000.00. The petitioner agreed with this proffered award.
On June 5, 2019, Chief Special Master Dorsey issued a decision awarding Ms. Avanti a lump sum of $100,000.00, payable by check to Angela Avanti, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Ann Mayhew Golski of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice.
Theory of causation
Petitioner Angela Avanti alleged a shoulder injury related to vaccine administration (SIRVA) following an October 19, 2016, influenza vaccination. The respondent conceded entitlement, agreeing that petitioner had no recent history of shoulder pain, that her pain occurred within 48 hours of vaccination, and that no other condition explained the pain. The respondent further agreed that petitioner suffered residual effects for more than six months and met all statutory prerequisites. The case proceeded based on a concession of entitlement, and the specific mechanism of injury or medical experts were not detailed in the public decision. The theory of causation relied upon was a "Table Injury." On March 20, 2019, Chief Special Master Nora Beth Dorsey ruled petitioner entitled to compensation. On March 29, 2019, respondent proffered an award of $100,000.00, which petitioner accepted. On June 5, 2019, Chief Special Master Dorsey awarded petitioner a lump sum of $100,000.00. Petitioner was represented by Ann Mayhew Golski, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_17-vv-01986