Catherine Cutrone v. HHS - Influenza, right shoulder and arm injury (2025)

Filed 2019-08-27Decided 2025-07-09Vaccine Influenza
compensated$102,500

Case summary [AI summaries can sometimes make mistakes]

Catherine Cutrone filed a petition under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that she suffered an injury to her right shoulder and arm as a result of her influenza vaccination administered on September 12, 2018. She further alleged that she experienced residual effects of the condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States.

The respondent denied that petitioner sustained a right shoulder injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 9, 2025, agreeing that compensation should be awarded.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Ms. Cutrone was awarded a lump sum of $102,500.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement.

This amount represents compensation for all items of damages available under § 15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Katherine Carr Esposito of the U.S.

Department of Justice.

Theory of causation

Petitioner Catherine Cutrone alleged a right shoulder and arm injury resulting from an influenza vaccination on September 12, 2018. The respondent denied the injury and causation. The parties filed a joint stipulation agreeing to compensation, which was adopted by Special Master Daniel T. Horner on July 9, 2025. The award was a lump sum of $102,500.00 for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation.

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