Meghan Espinoza v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Meghan Espinoza filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 14, 2014, and experienced residual effects for more than six months.
The respondent denied that the flu immunization caused her alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on January 13, 2017, agreeing that compensation should be awarded.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Meghan Espinoza was awarded a lump sum of $80,000.00, representing compensation for all items of damages available under the Vaccine Act.
The decision was finalized on June 14, 2017. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP, and respondent's counsel was Linda Sara Renzi of the U.S. Department of Justice.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Meghan Espinoza alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or present expert testimony. Petitioner was awarded $80,000.00 as a lump sum. Paul R. Brazil represented the petitioner, and Linda Sara Renzi represented the respondent. The decision was issued on June 14, 2017.
Source PDFs
USCOURTS-cofc-1_15-vv-01311