Anna Magagna v. HHS - Influenza, right shoulder injury related to vaccine administration (“SIRVA”), as well as brachial plexopathy and other injuries, tendinosis, partial thickness tears of the supraspinatus and infraspinatus tendons, subacromial subdeltoid bursitis, adhesive capsulitis, acromioclavicular arthrosis, rotator cuff syndrome, and brachia) plexopathy (2023)
Case summary [AI summaries can sometimes make mistakes]
Anna Magagna filed a petition for vaccine compensation on October 1, 2021, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA), brachial plexopathy, and other related injuries after receiving an influenza vaccine on October 24, 2020. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments.
Respondent denied that the vaccine caused the alleged injuries, denying that petitioner sustained a SIRVA Table injury or that the alleged injuries or their residual effects were caused-in-fact by the flu vaccine. Nevertheless, the parties reached a joint stipulation for settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
Pursuant to the stipulation, Anna Magagna was awarded $25,000.00 as compensation for all damages, to be paid as a lump sum in the form of a check. This amount represents a compromise of the parties' respective positions on liability and damages.
The case was processed as a Table claim, with the injury alleged to be SIRVA. Petitioner was represented by Jimmy A.
Zgheib of Zgheib Sayad, P.C., and respondent was represented by Nina Ren of the U.S. Department of Justice.
The decision was issued on July 13, 2023.
Theory of causation
Petitioner Anna Magagna received an influenza vaccine on October 24, 2020. She alleged a right shoulder injury related to vaccine administration (SIRVA), brachial plexopathy, tendinosis, partial thickness tears of the supraspinatus and infraspinatus tendons, subacromial subdeltoid bursitis, adhesive capsulitis, acromioclavicular arthrosis, and rotator cuff syndrome, which she claimed were caused-in-fact by the vaccine. Respondent denied causation. The parties reached a joint stipulation for settlement, agreeing to a decision awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. The award was $25,000.00 as a lump sum, representing a compromise of liability and damages. The case was processed as a Table claim for SIRVA. The public decision does not name specific experts or describe the medical mechanism of injury. Petitioner was represented by Jimmy A. Zgheib, and respondent by Nina Ren. The decision was issued on July 13, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-01943