Vivian Ditomasso v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Vivian Ditomasso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 4, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Ditomasso's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent further agreed that she suffered residual effects for more than six months.

Based on the respondent's concession and the evidence of record, the court found Ms. Ditomasso entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $88,180.35, comprised of $87,500.00 for pain and suffering and $680.35 for past unreimbursable expenses, which Ms.

Ditomasso agreed to. The court awarded Ms.

Ditomasso the proffered lump sum payment, representing compensation for all damages available under the program.