Michael Montagnino v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Michael Montagnino filed a petition for compensation under the National Vaccine Injury Compensation Program on April 5, 2018, alleging he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered to his left shoulder on August 11, 2017. The case was assigned to the Special Processing Unit.
On March 18, 2019, the respondent filed a Rule 4(c) report conceding that Mr. Montagnino was entitled to compensation, stating he had satisfied all legal prerequisites for compensation under the Act.
Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 20, 2019, finding Mr. Montagnino entitled to compensation.
Subsequently, on April 9, 2019, the respondent filed a Proffer on Award of Compensation, proposing an award of $65,247.21, which Mr. Montagnino accepted.
The decision on September 11, 2019, awarded Mr. Montagnino a lump sum payment of $65,247.21, payable by check to him, representing all damages available under the Act.
Mr. Montagnino is a competent adult.
Petitioner counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C.
Respondent counsel was Mallori Browne Openchowski of the U.S. Department of Justice.
Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the damages decision.
Theory of causation
Petitioner Michael Montagnino alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered to his left shoulder on August 11, 2017. The respondent conceded entitlement to compensation. The Special Master found petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case falls under the "Table Injury" category for SIRVA. No specific medical experts or detailed causation mechanism were described in the public text. The award was based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey issued the Ruling on Entitlement on March 20, 2019, and the Decision Awarding Damages on September 11, 2019. The award was a lump sum of $65,247.21. Petitioner counsel was Jimmy A. Zgheib, and respondent counsel was Mallori Browne Openchowski.
Source PDFs
USCOURTS-cofc-1_18-vv-00505