Susan Cavallaro v. HHS - Influenza, right shoulder post-vaccination bursitis (2020)
Case summary [AI summaries can sometimes make mistakes]
Susan Cavallaro filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder from an influenza vaccine administered on October 11, 2017. The case was assigned to the Special Processing Unit.
On August 9, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent stated that a preponderance of the medical evidence established that the petitioner's right shoulder post-vaccination bursitis was caused-in-fact by the flu vaccine received on October 11, 2017, and that the petitioner had satisfied all legal prerequisites for compensation.
Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 9, 2019, finding the petitioner entitled to compensation. Subsequently, on January 23, 2020, the respondent filed a proffer on the award of compensation.
Chief Special Master Brian H. Corcoran issued a decision on February 26, 2020, awarding Susan Cavallaro a total of $159,601.32.
This award included $1,782.20 for lost earnings, $150,000.00 for actual and projected pain and suffering (reduced to net present value), and $7,819.12 for past unreimbursable expenses. The award was to be paid as a lump sum via check to the petitioner.
Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and the respondent was represented by Glenn Alexander MacLeod of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received.
Theory of causation
Petitioner Susan Cavallaro alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following an influenza vaccine administered on October 11, 2017. The respondent conceded entitlement, stipulating that the petitioner's right shoulder post-vaccination bursitis was caused-in-fact by the flu vaccine. The Special Master accepted this concession. The award was based on a proffer filed by the respondent on January 23, 2020, and finalized by Chief Special Master Brian H. Corcoran on February 26, 2020. The total award was $159,601.32, comprising $1,782.20 for lost earnings, $150,000.00 for pain and suffering (net present value), and $7,819.12 for past unreimbursable expenses. The specific medical mechanism for the off-Table injury was not detailed in the public text. Petitioner's counsel was Jimmy A. Zgheib, and respondent's counsel was Glenn Alexander MacLeod.
Source PDFs
USCOURTS-cofc-1_18-vv-01053