Dante Vasquez v. HHS - Influenza, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
Dante Vasquez filed a petition for compensation under the National Vaccine Injury Compensation Program on July 13, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a consequence of an influenza vaccine he received on or about October 16, 2014. Mr.
Vasquez stated the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. The respondent denied that the flu vaccine caused any injury.
Nevertheless, on July 11, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
Dante Vasquez was awarded a lump sum of $70,000.00 as compensation for all damages, payable to petitioner. Petitioner's counsel was John R.
Howie, Jr. of Howie Law, P.C., and respondent's counsel was Gordon E. Shemin of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Dante Vasquez alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about October 16, 2014. The respondent denied causation. The parties filed a joint stipulation on July 11, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it. Petitioner was awarded a lump sum of $70,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Petitioner was represented by John R. Howie, Jr., and respondent by Gordon E. Shemin. The decision was issued on October 3, 2016.
Source PDFs
USCOURTS-cofc-1_16-vv-00133