Janel Trepiccione v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

On September 24, 2021, Janel Trepiccione filed a petition alleging that an influenza vaccination on September 28, 2018 caused a left shoulder injury related to vaccine administration. She alleged a Table SIRVA and stated that the injury lasted about eighteen months, with only some mobility issues remaining.

Respondent opposed compensation in a Rule 4(c) report. Respondent argued that Ms.

Trepiccione could not satisfy the Vaccine Act's six-month severity requirement because her last shoulder treatment occurred in January 2019, about four months after vaccination, and the record showed her left shoulder symptoms had resolved by a late-May 2019 appointment. Respondent also disputed whether onset occurred within forty-eight hours as required for Table SIRVA.

Chief Special Master Brian H. Corcoran issued an order to show cause in July 2024, focusing on the six-month severity problem.

Ms. Trepiccione moved for a decision dismissing the petition rather than attempting to cure the deficiency.

On October 11, 2024, Chief Special Master Corcoran denied compensation and dismissed the case for insufficient proof. A later February 5, 2026 decision awarded attorney's fees and costs because the unsuccessful claim had reasonable basis; it was not injury compensation.