Jean Lopresto v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Jean Lopresto, a 44-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 17, 2024. Ms.
Lopresto alleged that she received seasonal influenza ("flu") and tetanus-diphtheria-acellular pertussis ("Tdap") vaccines on March 4, 2023. These vaccines are listed on the Vaccine Injury Table.
Ms. Lopresto alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) within the time frame set forth in the Table, and that she experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Lopresto's alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.
Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and adopted it as his decision. Pursuant to the stipulation, Ms.
Lopresto was awarded $20,250.00 as compensation for all damages. This award represents a compromise of the parties' positions on liability and damages.
The stipulation also outlines that proceedings for attorneys' fees and costs would be handled separately. The public decision was issued on February 24, 2025.
Theory of causation
Petitioner Jean Lopresto, age 44, received influenza and Tdap vaccines on March 4, 2023. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table timeframe, 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 to settle the case, acknowledging SIRVA is a Table condition. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $20,250.00 as compensation for all damages. The award represents a compromise of liability and damages. Attorneys' fees and costs are to be awarded separately. The public decision was issued on February 24, 2025. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP. Respondent's counsel was Benjamin Rex Eisenberg of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_24-vv-00057