Lisa Ostellino v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 15, 2022, Lisa Ostellino filed a petition alleging that an influenza vaccine administered in her right deltoid on October 4, 2021 caused a shoulder injury related to vaccine administration. The case required additional fact development.
Respondent initially recommended denial, and the record included treatment for chronic cervical spasm, cervicogenic head pain, and shoulder spasm, including trigger point injections and occipital nerve blocks. Chief Special Master Brian H.
Corcoran later found that the Table onset requirement was satisfied within 48 hours. After that fact ruling, respondent no longer contested entitlement.
Chief Special Master Corcoran found entitlement and then awarded damages on September 29, 2025. Ms.
Ostellino received $55,000.00 for pain and suffering. Later attorneys' fees proceedings did not change the injury award.
Theory of causation
Influenza vaccine October 4, 2021 in right deltoid causing SIRVA; adult, exact age not stated. ENTITLEMENT GRANTED/CONCEDED after fact ruling; COMPENSATED. Key issue was onset within 48 hours amid background cervical/shoulder treatment; SM found Table onset satisfied. Award $55,000 pain/suffering. Chief SM Brian H. Corcoran; petition September 15, 2022; damages September 29, 2025.
Source PDFs
USCOURTS-cofc-1_22-vv-01304