Ramona Dicomo v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Ramona Dicomo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on December 22, 2015. The case was assigned to the Special Processing Unit.
On November 14, 2018, a ruling on entitlement was issued, finding Ms. Dicomo entitled to compensation.
The respondent conceded that her claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA), noting that she had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of the vaccine, and these symptoms were limited to the injection site. The respondent also confirmed the claim was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months.
Based on the respondent's concession and the evidence, the court found Ms. Dicomo entitled to compensation.
Subsequently, on February 7, 2019, the respondent filed a proffer on award of compensation, indicating Ms. Dicomo should be awarded $73,149.02, consisting of $70,000.00 for pain and suffering and $3,149.02 for past unreimbursable expenses.
Ms. Dicomo agreed with this proffered award.
The Chief Special Master issued a decision awarding Ms. Dicomo the stipulated lump sum payment of $73,149.02.
Source PDFs
USCOURTS-cofc-1_17-vv-02002