Gloria Darmanin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Gloria Darmanin filed a petition for vaccine compensation on September 20, 2022, alleging injury from an influenza vaccine received on September 22, 2019. Ms.
Darmanin claimed a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.
Darmanin sustained a SIRVA Table injury, denied that the vaccine caused her condition, and denied that her current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties reached a joint stipulation for settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Ms. Darmanin was awarded a lump sum of $60,000.00 as compensation for all damages available under the Vaccine Act.
This award represents a compromise of the parties' respective positions on liability and damages. The decision was issued on April 30, 2024.
Petitioner was represented by Michael Kolb of O’Connor & Partners, PLLC, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Gloria Darmanin received an influenza vaccine on September 22, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months, which is a condition listed in the Vaccine Injury Table. Respondent denied the alleged SIRVA Table injury and causation. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as his decision on April 30, 2024. The stipulation awarded Petitioner a lump sum of $60,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the settlement compromise beyond the parties maintaining their stated positions. Petitioner was represented by Michael Kolb and respondent by Sarah Christina Duncan.