Evangelina Avila v. HHS - DTaP, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Evangelina Avila filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2014. She alleged that she received a diphtheria-tetanus-acellular pertussis (DTaP) vaccination in her right arm on February 21, 2012, and subsequently developed a shoulder injury related to vaccine administration (SIRVA).
The respondent, the Secretary of Health and Human Services, filed a report on July 1, 2015, conceding that Ms. Avila is entitled to compensation.
The respondent agreed that the alleged injury was consistent with SIRVA and that Ms. Avila met the statutory requirements, including suffering the condition for more than six months.
Based on the respondent's concession and a review of the medical records, Special Master Nora Beth Dorsey found that Ms. Avila is entitled to compensation.
The case was then set to proceed to the damages phase. Petitioner's counsel was Martin James Martinez.
Respondent's counsel was Julia Wernett McInerny.
Theory of causation
Petitioner Evangelina Avila alleged a shoulder injury related to vaccine administration (SIRVA) following a DTaP vaccination on February 21, 2012. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and that petitioner met the statutory requirement of suffering the condition for more than six months. The Special Master, Nora Beth Dorsey, ruled on entitlement based on the respondent's concession and a review of the medical records, finding petitioner entitled to compensation. The case proceeded to the damages phase. The specific mechanism of injury and expert testimony are not described in the public text. Petitioner's counsel was Martin James Martinez, and respondent's counsel was Julia Wernett McInerny.
Source PDFs
USCOURTS-cofc-1_14-vv-00605