Elizabeth D'Alessio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-04-19Decided 2025-09-30Vaccine Influenza
compensated$79,379

Case summary [AI summaries can sometimes make mistakes]

On April 19, 2021, Elizabeth D'Alessio filed a petition alleging that an influenza vaccination on September 27, 2020 caused a shoulder injury related to vaccine administration. The parties were unable to resolve entitlement or damages, so the case proceeded to an expedited hearing.

Ms. D'Alessio reported that her arm felt painful and bruised the day after vaccination and that pain worsened over the following days with decreased range of motion.

Medical providers diagnosed rotator cuff tendinitis and subacromial bursitis secondary to the flu shot, and imaging later showed bursitis, a partial teres minor tendon tear, mild biceps tendinosis, and osteoarthritic changes. Respondent contested entitlement primarily on the timing of onset, arguing that the most contemporaneous medical records did not clearly establish pain within 48 hours.

Chief Special Master Brian H. Corcoran credited Ms.

D'Alessio's and her husband's statements, together with records describing pain after or since the vaccination, and found the Table SIRVA onset requirement satisfied. He also found the remaining Table elements met and awarded damages in the same September 30, 2025 decision.

Ms. D'Alessio received $79,379.29 as a lump sum: $78,000.00 for pain and suffering and $1,379.29 for past unreimbursed expenses.

Theory of causation

Influenza vaccine, September 27, 2020, causing SIRVA. COMPENSATED after reasoned entitlement/damages decision. Respondent contested onset within 48 hours; Chief Special Master Corcoran credited petitioner and her husband's statements plus records describing pain after/since the flu shot, including next-day painful/bruised feeling and later decreased ROM. Diagnoses included rotator cuff tendinitis, subacromial bursitis, teres minor partial tear, biceps tendinosis, and osteoarthritic changes; vaccine causation accepted for Table SIRVA. Award September 30, 2025: $79,379.29 ($78,000 pain/suffering + $1,379.29 unreimbursed expenses). Respondent Emilie Williams.

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