Diana Petrarca v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Diana Petrarca filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2021. She further alleged that her injury had persisted for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injection site.
Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties stipulated to an award of $52,500.00 for pain and suffering.
This amount was awarded as a lump sum payment to be disbursed to Petitioner through her counsel.
Source PDFs
USCOURTS-cofc-1_24-vv-00825