Kevin Carasiti v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kevin Carasiti filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2019. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 15, 2017.
Mr. Carasiti further alleged that the vaccination was administered in the United States, that he experienced residual effects of the SIRVA for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf.
The respondent, the Secretary of Health and Human Services, denied that Mr. Carasiti suffered a SIRVA Table injury and denied that the flu vaccine caused his right shoulder injury or any other injury or his current condition.
Despite these opposing positions, the parties filed a joint stipulation on June 29, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Mr.
Carasiti was awarded $35,731.66 in compensation, payable as a lump sum in the form of a check. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act.
The decision was issued on July 29, 2021. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Kevin Carasiti received an influenza vaccine on November 15, 2017, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused his shoulder injury and its residual effects for more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case, with the respondent denying liability. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $35,731.66 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not detail the specific mechanism of injury or name any experts. The award was a lump sum payment. The decision date was July 29, 2021. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_19-vv-01664