Salvadore Foti v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Salvadore Foti filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following influenza and pneumococcal vaccinations he received on December 16, 2019. He further alleged his symptoms persisted for longer than six months.

The respondent denied that Mr. Foti suffered from SIRVA or that the vaccines caused his alleged shoulder injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Foti a lump sum of $38,500.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, and the parties agreed to settle the matter through this stipulation. The stipulation also addressed future proceedings for attorneys' fees and costs.