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

Theresa Pistochini filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 6, 2017. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition.

Respondent denied that Ms. Pistochini sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. The Chief Special Master adopted the stipulation, awarding Ms.

Pistochini a lump sum of $28,550.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was not an admission by the United States that the flu vaccine caused the alleged injuries.