Cynthia D. Bruno v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Cynthia D. Bruno filed a petition on January 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program.
She alleged that on October 7, 2019, she received an influenza (flu) vaccine and subsequently developed a left-sided shoulder injury related to vaccine administration, also known as SIRVA. Ms.
Bruno further claimed that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 23, 2022, conceding entitlement to compensation.
The respondent stated that the claim met the Table criteria for SIRVA, noting that Ms. Bruno had no apparent recent history of shoulder issues prior to vaccination, experienced onset of pain within 48 hours of the injection, that the pain was limited to the injected shoulder, and that no other condition could explain her symptoms.
The respondent also agreed that Ms. Bruno was entitled to a presumption of vaccine causation.
On June 24, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.
Bruno entitled to compensation. Subsequently, on July 26, 2022, the respondent filed a proffer on the award of compensation.
Based on this proffer, which indicated that Ms. Bruno agreed with the proposed award, Chief Special Master Corcoran issued a decision on September 9, 2022.
Ms. Bruno, identified as a competent adult, was awarded a lump sum payment of $52,500.00 for pain and suffering.
Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and respondent was represented by Kyle Edward Pozza of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by Ms.
Bruno, nor does it name any medical experts.
Theory of causation
Petitioner Cynthia D. Bruno alleged that an influenza (flu) vaccine administered on October 7, 2019, caused a left-sided shoulder injury related to vaccine administration (SIRVA) with residual effects lasting over six months. The respondent conceded entitlement, agreeing the claim met the Table criteria for SIRVA. This included no prior shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injected shoulder, and no other explanatory condition. The respondent also agreed to a presumption of vaccine causation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022. A subsequent decision on September 9, 2022, awarded $52,500.00 for pain and suffering based on a proffer agreed to by both parties. Petitioner was represented by Richard H. Moeller, and respondent by Kyle Edward Pozza. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_21-vv-00562