Robert Folino v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Robert Folino filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 10, 2016. He further alleged that he experienced the residual effects of this condition for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Folino sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on August 20, 2019, agreeing that the issues between them should be settled and that a decision awarding compensation should be entered. Chief Special Master Nora Beth Dorsey adopted the stipulation.

Pursuant to the stipulation, Mr. Folino was awarded a lump sum of $137,600.00, payable by check to him, representing compensation for all items of damages available under the Vaccine Act.

This award was for his SIRVA injury, which is listed on the Vaccine Injury Table. The decision was issued on August 20, 2019.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.