Michele Romano v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Michele Romano filed a petition for vaccine compensation on January 11, 2024, alleging injury from an influenza vaccine received on October 18, 2022. Petitioner claimed a shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table, or alternatively, that the flu vaccine caused her shoulder injury.
Petitioner further alleged that she suffered residual effects of the injury for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged SIRVA or any other injury.
Despite these differing positions, the parties reached a joint stipulation for settlement. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Michele Romano a lump sum of $28,150.00. This award is intended to cover all damages available under Section 15(a) of the Vaccine Act.
The decision was finalized on January 31, 2025, with judgment to be entered accordingly. Petitioner was represented by Heather L.
Pearlman of Britcher Leone & Sergio, L.L.C., and respondent was represented by Benjamin Rex Eisenberg of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments.
Theory of causation
Petitioner Michele Romano received an influenza vaccine on October 18, 2022. She alleged a shoulder injury related to vaccine administration (SIRVA) within the Table time frame, or alternatively, that the flu vaccine caused her shoulder injury, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation. The case was compensated with a lump sum award of $28,150.00. The theory of causation relied upon was the Vaccine Injury Table (SIRVA) or a cause-in-fact argument, though the stipulation explicitly states it is not an admission of causation by the respondent. No specific medical experts or detailed causation mechanisms were described in the public decision. The award was made on January 31, 2025. Petitioner's counsel was Heather L. Pearlman, and respondent's counsel was Benjamin Rex Eisenberg. Chief Special Master was Brian H. Corcoran.
Source PDFs
USCOURTS-cofc-1_24-vv-00040