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

Abram Gamino filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 16, 2020. He further alleged that he experienced residual effects of this injury for more than six months.

The respondent denied that Mr. Gamino sustained a SIRVA Table injury, denied that the vaccine caused or significantly aggravated his alleged shoulder injury, and denied that his current condition is a sequela of a vaccine-related 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.

Gamino a lump sum of $25,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents a settlement of liability and damages, and Mr.

Gamino released the United States and the Secretary of Health and Human Services from any further claims related to the alleged injury from the flu vaccination.