Sandra Botta v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2019-07-15Decided 2021-11-16Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Sandra Botta filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2019. Petitioner alleged that she suffered an adverse reaction in her left shoulder after receiving an influenza vaccine on September 26, 2018.

Petitioner stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her injury. Respondent denied that Petitioner sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury, denied that the flu vaccine caused Petitioner's alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation on November 15, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Sandra Botta $50,000.00 in compensation for all damages, to be paid as a lump sum in the form of a check payable to Petitioner.

The decision was entered on November 16, 2021. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Ronalda Elnetta Kosh of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

The specific mechanism of injury is not detailed in the public decision.

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