Patricia Rubio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-06-20Decided 2018-04-30Vaccine Influenza
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

Patricia Rubio filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on October 23, 2014.

Ms. Rubio further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that the flu vaccination caused petitioner's alleged SIRVA or any other injury. Nevertheless, on June 20, 2017, the parties filed a joint stipulation agreeing to an award of compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms.

Rubio was awarded a lump sum of $75,000.00 in compensation for all items of damages. Petitioner's counsel was Maximillian J.

Muller of Muller Brazil, LLP. Respondent's counsel was Debra A.

Filteau Begley of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Patricia Rubio alleged a shoulder injury related to vaccine administration (SIRVA) following an October 23, 2014, influenza vaccination. The respondent denied that the vaccination caused the alleged SIRVA. The parties filed a joint stipulation agreeing to compensation. The public decision does not specify the theory of causation, mechanism of injury, or any expert testimony. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding petitioner $75,000.00 in a lump sum for all damages. Petitioner was represented by Maximillian J. Muller, and respondent by Debra A. Filteau Begley. The decision date was April 30, 2018.

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