Raul DeJesus v. HHS - Influenza, shoulder injuries, including bursitis and adhesive capsulitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Raul DeJesus filed a petition for vaccine compensation on December 29, 2014, alleging that the influenza vaccine he received on October 14, 2013, caused him to suffer shoulder injuries, including bursitis and adhesive capsulitis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries.
Despite these differing positions, the parties reached a joint stipulation to settle the case. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
DeJesus a lump sum payment of $50,000.00, payable to him, as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages.
The decision was filed on November 21, 2016. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and Respondent was represented by Glenn A. MacLeod of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
The decision also does not detail the specific mechanism by which the vaccine allegedly caused the injury.
Theory of causation
Petitioner Raul DeJesus received an influenza vaccine on October 14, 2013. He alleged that this vaccine caused shoulder injuries, including bursitis and adhesive capsulitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged injuries. The parties reached a stipulation to settle the case, which was adopted by Special Master Christian J. Moran. The stipulation awarded petitioner a lump sum of $50,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical experts, the mechanism of injury, or the evidence presented to support the claim. The theory of causation is based on the vaccine being listed on the Vaccine Injury Table, leading to a SIRVA (Shoulder Injury Related to Vaccine Administration) claim. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. The decision date was November 21, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-01238