Joe Sinicropi v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Joe Sinicropi filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2024. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on December 1, 2021, and that he experienced vaccine-related injury symptoms in his left shoulder and arm for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 5, 2025, conceding that Mr. Sinicropi was entitled to compensation.
The respondent stated that Mr. Sinicropi's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table.
Specifically, the respondent noted that Mr. Sinicropi consistently complained of and sought treatment for his left shoulder, had no prior history of left shoulder pain, inflammation, or dysfunction, and that his pain occurred within forty-eight hours after receiving an intramuscular vaccination.
The respondent also confirmed that no other condition or abnormality had been identified to explain Mr. Sinicropi's shoulder pain and that he had satisfied all legal prerequisites for compensation.
On May 9, 2025, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr.
Sinicropi entitled to compensation. Subsequently, on July 22, 2025, the respondent filed a proffer on the award of compensation, indicating that Mr.
Sinicropi should be awarded $110,533.14. This amount comprised $110,000.00 for pain and suffering and $533.14 for past unreimbursable expenses.
The respondent represented that Mr. Sinicropi agreed with the proffered award.
On August 22, 2025, Chief Special Master Corcoran issued a Decision awarding Mr. Sinicropi a lump sum payment of $110,533.14, to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement.
The award represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was Kirk Tripp William Otto, III, and respondent's counsel was Rachelle Bishop.
Theory of causation
Petitioner Joe Sinicropi filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on December 1, 2021. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table. Key factors supporting this concession included: pain occurring within 48 hours of vaccination, consistent complaints and treatment for the left shoulder, no prior history of left shoulder issues, and pain limited to the left shoulder with no other identified cause. The case proceeded as a Table claim. The parties stipulated to damages, with Chief Special Master Brian H. Corcoran issuing a Ruling on Entitlement on May 9, 2025, and a Decision awarding damages on August 22, 2025. The award totaled $110,533.14, consisting of $110,000.00 for pain and suffering and $533.14 for past unreimbursable expenses. Petitioner was represented by Kirk Tripp William Otto, III, and respondent was represented by Rachelle Bishop.
Source PDFs
USCOURTS-cofc-1_24-vv-00565