Virginia Carpanini v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Virginia Carpanini filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by the influenza vaccine she received on January 18, 2018. The petition stated that the vaccination occurred in the United States and that she continued to experience residual effects from the SIRVA for more than six months post-vaccination.
Petitioner also represented that no civil action had been filed and no compensation had been received for her condition. The Respondent denied that the flu vaccine caused the petitioner's alleged right shoulder injury or any other injury or condition, and further denied that the petitioner sustained a SIRVA Table injury.
Despite these positions, the parties filed a joint stipulation on February 15, 2022, agreeing to settle the issues and enter a decision awarding compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Virginia Carpanini was awarded a lump sum of $105,000.00, payable by check to the petitioner.
This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to further proceedings to determine reasonable attorneys' fees and costs.
The stipulation included a release of claims against the United States and the Secretary of Health and Human Services for injuries allegedly resulting from the flu vaccine administered on or about January 18, 2018. The decision was issued by Chief Special Master Brian H.
Corcoran. Petitioner was represented by David Alexander Tierney of Rawls Law Group, and Respondent was represented by Camille Michelle Collett of the U.S.
Department of Justice.
Source PDFs
USCOURTS-cofc-1_19-vv-00940