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

Michelle Franceschi filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 14, 2020.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2023, conceding that Ms. Franceschi was entitled to compensation.

The respondent stated that Ms. Franceschi satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and had met all statutory and jurisdictional requirements.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Ms.

Franceschi entitled to compensation. Subsequently, on March 27, 2023, the respondent filed a proffer on the award of compensation, proposing an award of $46,500.00.

Ms. Franceschi agreed with this proffered award.

On April 27, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Franceschi a lump sum payment of $46,500.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

The decision was made based on the stipulation and proffer filed by the parties. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Martin Conway Galvin of the U.S.

Department of Justice.