Barbara Cerasuolo v. HHS - Influenza, cellulitis (2023)

Barbara Cerasuolo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine and a pneumococcal conjugate vaccine administered on September 25, 2017, caused her to suffer from a shoulder injury and cellulitis. Initially, she alleged a shoulder injury related to vaccine administration (SIRVA) that falls within the Vaccine Injury Table.

However, she later amended her petition to allege that the pneumococcal conjugate vaccination caused her to suffer from cellulitis. The respondent conceded that the influenza vaccine caused her cellulitis and that the case met the statutory requirements for compensation, including timely filing, receipt of the vaccine in the United States, and residual effects lasting more than six months.

The respondent did not concede the SIRVA claim. The Special Master issued a Ruling on Entitlement on February 28, 2023, finding Petitioner entitled to compensation.

Subsequently, on May 31, 2023, the respondent filed a Proffer on Award of Compensation. The parties agreed to a lump sum payment of $46,635.14, which included $45,000.00 for pain and suffering and $1,635.14 for past unreimbursable expenses.

The Special Master issued a Decision Awarding Damages on August 1, 2023, awarding the stipulated amount. The case proceeded as a Table claim for cellulitis caused by the flu vaccine.