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. Update: a decision awarding damages filed 2016-01-05 resolved the case for $100,000.