Robert Tafuri v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Robert Tafuri filed a petition for compensation under the National Vaccine Injury Compensation Program on October 29, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 24, 2016.
Mr. Tafuri stated that the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement for his condition.
The respondent, the Secretary of Health and Human Services, denied that Mr. Tafuri sustained a "Table SIRVA" within the timeframe specified in the Vaccine Injury Table, and denied that the influenza immunization caused his alleged SIRVA or any other injury.
The parties subsequently filed a joint stipulation on April 28, 2020, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Robert Tafuri a lump sum of $50,000.00, payable by check to the petitioner, for all items of damages. The decision was issued on June 2, 2020.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.
Theory of causation
Petitioner Robert Tafuri alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 24, 2016. The respondent denied that the injury was a "Table SIRVA" or that the flu vaccine caused the alleged SIRVA. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $50,000.00 to the petitioner. The public decision does not detail the specific medical mechanism, expert testimony, or the exact nature of the SIRVA beyond its relation to vaccine administration. The stipulation indicates the case was settled as a "Table" theory, but respondent maintained denial of causation and Table eligibility. Petitioner was represented by Ronald Craig Homer, and respondent by Ryan Daniel Pyles. The decision date was June 2, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-01667