Kathy Macaluso v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Kathy Macaluso filed a petition on May 1, 2018, alleging that an influenza vaccine administered on September 30, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). Respondent denied that the vaccine caused the SIRVA or any other injury.
The parties filed a stipulation recommending an award of compensation. The court found the stipulation reasonable and adopted it.
Kathy Macaluso was awarded $42,000.00 as a lump sum for all damages. Judgment was entered in accordance with the stipulation.
Petitioner counsel was Shealene Priscilla Mancuso of Muller Brazil, LLP. Respondent counsel was Jennifer Leigh Reynaud of the U.S.
Department of Justice. Special Master Nora Beth Dorsey issued the decision.
Theory of causation
Petitioner Kathy Macaluso alleged that an influenza vaccine administered on September 30, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a stipulation recommending compensation. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The parties stipulated to an award of $42,000.00 as a lump sum for all damages. Special Master Nora Beth Dorsey adopted the stipulation on August 26, 2020. Petitioner was represented by Shealene Priscilla Mancuso, and respondent was represented by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_18-vv-00614