Fermin Padilla v. HHS - Influenza, rash on left arm and abdomen and shoulder after injection; pain in and around the injection area and numbness in the wrist and arm (2016)

Filed 2015-06-22Decided 2016-09-19Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Fermin Padilla filed a petition on June 22, 2015, alleging that the influenza vaccine he received on or about September 8, 2012, caused him to suffer a rash on his left arm and abdomen, shoulder pain, and pain in and around the injection area, along with numbness in his wrist and arm. Mr.

Padilla further alleged that he experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.

Padilla's alleged injuries or that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing to compensation.

Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded Mr. Padilla a lump sum payment of $50,000.00, payable by check to Fermin Padilla, as compensation for all damages.

The decision was filed on September 19, 2016. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.

Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Glenn A. MacLeod of the U.S.

Department of Justice.

Theory of causation

Petitioner Fermin Padilla received an influenza vaccine on or about September 8, 2012. He alleged that this vaccine caused a rash on his left arm and abdomen, shoulder pain, pain in and around the injection area, and numbness in his wrist and arm, with residual effects lasting more than six months. The respondent denied causation. The influenza vaccine is listed on the Vaccine Injury Table. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $50,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but notes the condition is listed on the Vaccine Injury Table. Petitioner's counsel was Richard Gage, and respondent's counsel was Glenn A. MacLeod. The decision date was September 19, 2016.

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