Latisha Fontana v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Latisha Fontana filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. She claimed this injury caused significant pain and suffering for over a year.

The respondent filed a Rule 4(c) report on October 28, 2021, conceding that Ms. Fontana was entitled to compensation.

The respondent noted that Ms. Fontana had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were confined to the vaccinated shoulder, and no other condition explained her symptoms.

The respondent further agreed that the scope of damages was limited to Petitioner’s left-sided SIRVA and its related sequelae. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on November 1, 2021, finding Petitioner entitled to compensation. Subsequently, on March 7, 2022, the respondent filed a proffer on the award of compensation, indicating that Petitioner should be awarded $67,000.00 for pain and suffering, and that Petitioner agreed with this proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on March 7, 2022, awarding Petitioner a lump sum payment of $67,000.00 in the form of a check payable to Ms. Fontana.

This amount represented compensation for all damages available under Section 15(a). Petitioner was represented by Benjamin Paul Kates of Pleban & Petruska Law, and the respondent was represented by Ida Nassar and later Martin Conway Galvin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details beyond the shoulder injury, diagnostic tests, or treatments.

The specific mechanism of injury is not detailed in the public decision, but the case proceeded as a Table injury claim.