Justine Amato v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Justine Amato filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving the influenza vaccine on September 14, 2017. The respondent conceded that Ms.
Amato was entitled to compensation, noting she had no recent history of shoulder pain, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained her symptoms. The respondent also agreed that her condition's residual effects lasted more than six months.
The Chief Special Master issued a ruling on entitlement based on this concession. Subsequently, the parties reached a proffer on damages, agreeing to an award of $47,500.00.
This amount was awarded as a lump sum payment to Ms. Amato, representing compensation for all damages available under the Vaccine Act.
The decision was finalized on February 13, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-01718