Vickie Calmese v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Vickie Calmese filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021. She alleged that she received an influenza vaccination on October 22, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) with symptoms persisting for more than six months.

The respondent denied that Ms. Calmese sustained a Table injury for SIRVA, 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 denials, on April 20, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms.

Calmese was awarded a lump sum of $44,000.00, payable by check to the Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Meghan Murphy of the U.S.

Department of Justice.