Robert Garcia v. HHS - Influenza, brachial neuritis (2016)

Robert Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2016, alleging that he sustained a vaccine-related injury diagnosed as brachial neuritis caused by the influenza vaccine he received on September 13, 2014. Mr.

Garcia stated that the vaccine was administered in the United States and that he experienced residual effects for more than six months, with no prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that the petitioner's brachial neuritis and its residual effects were caused by the flu vaccine, and also denied that the vaccine caused any other injury or his current condition.

Despite the respondent's denial, the parties filed a joint stipulation for damages on August 30, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Robert Garcia was awarded a lump sum of $150,000.00, payable to him, as compensation for all items of damages. The decision was entered on November 2, 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 Jeffrey S.

Pop, and respondent was represented by Adriana R. Teitel.