Christine Sartorelli v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Christine Sartorelli filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on January 15, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Sartorelli was entitled to compensation. The respondent agreed that Ms.
Sartorelli suffered a SIRVA that fell within the Table timeframe and satisfied all legal prerequisites for compensation under the Act. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on May 18, 2020, finding Petitioner entitled to compensation based on the respondent's concession. Subsequently, on July 29, 2020, the respondent filed a proffer on the award of compensation.
The proffer proposed an award of $46,495.18, consisting of $45,000.00 for pain and suffering and $1,495.18 for past unreimbursed expenses. Ms.
Sartorelli, identified as a competent adult, agreed with this proffered award. Chief Special Master Corcoran accepted the proffer and awarded Ms.
Sartorelli the lump sum of $46,495.18 in the form of a check payable to her. The decision does not describe the specific onset of symptoms, medical examinations, or treatments.
Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and the respondent was represented by Lara Ann Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Christine Sartorelli alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 15, 2018. The respondent conceded entitlement, agreeing that the injury was a "Table SIRVA" and that all legal prerequisites were met, including satisfaction of the six-month sequela requirement. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 18, 2020. On July 29, 2020, a stipulation and proffer on award of compensation was filed, proposing a lump sum award of $46,495.18, comprising $45,000.00 for pain and suffering and $1,495.18 for past unreimbursed expenses. Petitioner agreed to this award. Chief Special Master Corcoran accepted the proffer and awarded the lump sum. Petitioner was represented by John Robert Howie, Jr., and respondent by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_19-vv-00584