Juan Alvarado v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Juan Alvarado filed a petition on January 5, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's injury.
However, on April 4, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Special Master Thomas L.
Gowen adopted the stipulation as the decision of the court. The stipulation awarded Juan Alvarado $105,000.00 as a lump sum for pain and suffering.
The parties waived their right to seek review of the decision. The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or any expert witnesses.
Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and respondent was represented by Sarah C.
Duncan of the United States Department of Justice.
Theory of causation
Petitioner Juan Alvarado alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 5, 2012. The parties filed a joint stipulation on April 4, 2017, agreeing to an award. Respondent denied causation but stipulated to the award. The Special Master adopted the stipulation. The award was $105,000.00 for pain and suffering. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner was represented by Ronald C. Homer, and respondent by Sarah C. Duncan. Special Master Thomas L. Gowen issued the decision on May 3, 2017.
Source PDFs
USCOURTS-cofc-1_15-vv-00002