Michael Dore v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Filed 2017-12-09Decided 2020-01-09Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Michael Dore filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 8, 2016. Dore stated the vaccine was administered in the United States and that he suffered residual effects for more than six months.

He also affirmed there had been no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused the alleged SIRVA or any other injury.

Despite these differing positions, the parties filed a joint stipulation on December 6, 2019, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. The decision awarded Michael Dore a lump sum of $80,000.00, payable by check to the petitioner, as compensation for all items of damages.

This amount represents compensation for his SIRVA injury. The decision was issued on January 9, 2020.

Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation

Petitioner Michael Dore alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 8, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $80,000.00 as a lump sum for all damages. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award was issued on January 9, 2020, based on a stipulation filed December 6, 2019. Petitioner's counsel was Isaiah Richard Kalinowski, and respondent's counsel was Claudia Barnes Gangi. Chief Special Master Brian H. Corcoran issued the decision.

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