Pamela Vitrano v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-09-03Decided 2022-10-07Vaccine Influenza
compensated$38,525

Case summary [AI summaries can sometimes make mistakes]

Pamela Vitrano filed a petition for compensation under the National Vaccine Injury Compensation Program on September 3, 2020, alleging injury from an influenza vaccine administered on September 11, 2019. The vaccine was administered in the left arm.

Petitioner alleged a left shoulder injury related to vaccine administration (SIRVA) that occurred within the time period specified in the Vaccine Injury Table and resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury, denied that the alleged shoulder injury was caused by the flu vaccine, and denied that the flu vaccine caused any other injury or the petitioner's current condition.

Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H.

Corcoran reviewed and adopted the stipulation. As compensation, Pamela Vitrano was awarded a lump sum of $38,525.00, payable by check to the petitioner.

This amount was intended to cover all items of damages available under Section 15(a) of the Vaccine Act. The decision, adopting the stipulation, was issued on October 7, 2022.

Petitioner was represented by Harrison Whitten Long of Rawls Law Group, and respondent was represented by Emilie Williams of the U.S. Department of Justice.

Theory of causation

Petitioner Pamela Vitrano received an influenza vaccine on September 11, 2019, and alleged a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied that the injury was a Table injury or that it was caused by the vaccine. The parties filed a joint stipulation agreeing to a settlement, which Chief Special Master Brian H. Corcoran adopted. The stipulation awarded Pamela Vitrano a lump sum of $38,525.00 as compensation for all damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Harrison Whitten Long, and respondent was represented by Emilie Williams. The decision was issued on October 7, 2022.

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