Marylou Porzio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Marylou Porzio filed a petition for compensation on December 21, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 5, 2017. Petitioner stated the vaccine was administered in the United States, that the injury's residual effects lasted more than six months, and that she had no prior award or settlement for this condition.
Respondent denied that petitioner sustained a SIRVA Table injury, denied that her alleged injuries persisted for more than six months following the vaccination, and denied that her current condition was a sequela of any vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 29, 2020, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision.
Pursuant to the stipulation, Marylou Porzio was awarded a lump sum of $40,000.00, payable to Petitioner, as compensation for all items of damages. The decision was issued on September 2, 2020.
Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice.
Theory of causation
Petitioner Marylou Porzio alleged a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza (flu) vaccine received on January 5, 2017. Respondent denied a SIRVA Table injury, that injuries persisted for more than six months, or that the condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation. The case was compensated under the "Table" theory. The award was a lump sum of $40,000.00. Chief Special Master Brian H. Corcoran issued the decision on September 2, 2020. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Camille Michelle Collett.
Source PDFs
USCOURTS-cofc-1_17-vv-01996