Jill Corsiglia v. HHS - Influenza, left shoulder injuries (2019)

Jill Corsiglia filed a petition for compensation under the National Vaccine Injury Compensation Program on May 8, 2018, alleging that she suffered left shoulder injuries caused in fact by the influenza and hepatitis A vaccines she received on November 3, 2016. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil suit or received compensation for her alleged vaccine-caused injuries.

The case was assigned to the Special Processing Unit. On April 9, 2019, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent concluded that petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that a preponderance of the evidence established it was caused-in-fact by the flu or Hepatitis A vaccination received on November 3, 2016. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation.

On April 10, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding petitioner entitled to compensation. Subsequently, on May 20, 2019, the respondent filed a Proffer on Award of Compensation, indicating that petitioner should be awarded $45,175.71.

This amount comprised $45,000.00 for pain and suffering and $175.71 for past unreimbursable medical expenses. The respondent represented that petitioner agreed with the proffered award.

On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding petitioner a lump sum payment of $45,175.71, consisting of $45,000.00 for pain and suffering and $175.71 for past out-of-pocket medical expenses, payable to petitioner Jill Corsiglia. The petitioner was confirmed to be a competent adult.

Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and the respondent was represented by Ashley Simpson of the U.S. Department of Justice.