Elaine Tornatore v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Elaine Tornatore filed a petition for compensation on December 8, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 17, 2020. The respondent conceded that Ms.
Tornatore was entitled to compensation, agreeing that her condition met the criteria for SIRVA as a Table injury. A ruling on entitlement was issued on June 9, 2023, by Chief Special Master Brian H.
Corcoran, confirming her eligibility. Subsequently, on July 14, 2023, the respondent filed a proffer on award of compensation, which Ms.
Tornatore agreed to. The court awarded her a total of $97,487.00, comprising $95,000.00 for pain and suffering and $2,487.00 for unreimbursable medical expenses.
The award was to be paid as a lump sum check to Ms. Tornatore, who is a competent adult.
Petitioner counsel was Rhonda Lorenz-Pignato of Shannon Law Group, P.C., and respondent counsel was Mark Kim Hellie of the U.S. Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Elaine Tornatore alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on August 17, 2020. The respondent conceded entitlement, agreeing that the condition met the criteria for SIRVA as a Table injury, as defined in 42 C.F.R. §§ 100.3(a)(XIV)(B) and 100.3(c)(10). The public text does not detail the specific mechanism of injury or name any experts. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 9, 2023, and the decision on damages on August 17, 2023. The award totaled $97,487.00, consisting of $95,000.00 for pain and suffering and $2,487.00 for unreimbursable medical expenses, paid as a lump sum to the petitioner. Petitioner counsel was Rhonda Lorenz-Pignato, and respondent counsel was Mark Kim Hellie.