Connie C. Medina v. HHS - Influenza, shoulder injury (2014)

Filed 2013-10-15Decided 2014-07-30Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

On October 15, 2013, Connie C. Medina filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on October 16, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, denied that the vaccination caused petitioner's shoulder injury or any other injury. Despite maintaining their respective positions, both parties entered into a joint stipulation on July 9, 2014, to settle the case.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner Connie C.

Medina was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, attorneys' fees and costs totaling $13,329.05 were awarded in a lump sum, payable to Petitioner and her attorney, Andrew D.

Downing, Esq. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

The specific mechanism of injury and any expert testimony are also not detailed in the public decision. The parties agreed to expedite the entry of judgment by renouncing the right to seek review.

Theory of causation

Petitioner Connie C. Medina alleged that an influenza vaccination received on October 16, 2010, caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties reached a joint stipulation on July 9, 2014, to settle the claim, which was adopted by Special Master Lisa Hamilton-Fieldman. The stipulation resulted in an award of $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $13,329.05 for attorneys' fees and costs. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the evidence considered in reaching the settlement. Attorneys for the petitioner were Andrew D. Downing, Esq. of Van Cott & Talamante, PLLC, and for the respondent was Gordon E. Shemin of the U.S. Department of Justice.

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