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

Filed 2019-07-15Decided 2021-12-17Vaccine 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 December 17, 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.

Theory of causation

Petitioner Sandra Botta received an influenza vaccine on September 26, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table timeframe. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $50,000.00 for all damages. The stipulation does not detail specific medical experts, clinical findings, or a precise mechanism of injury, but acknowledges the injury is alleged to be a SIRVA, which is a condition listed in the Vaccine Injury Table. The award represents a compromise of the parties' positions. Attorneys for Petitioner were Andrew Donald Downing and Heather L. Pearlman of Van Cott & Talamante, PLLC. Attorney for Respondent was Ronalda Elnetta Kosh of the U.S. Department of Justice. The decision date was December 17, 2021.

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