Anita Romero v. HHS - Influenza, left shoulder injury (2021)
Case summary [AI summaries can sometimes make mistakes]
Anita Romero filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2016, alleging that she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 24, 2013. She further alleged residual effects for more than six months and no prior award or settlement.
The respondent denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Nevertheless, on December 30, 2020, the parties filed a joint stipulation for damages.
Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, awarding Anita Romero $20,000.00 as compensation for all items of damages.
The award was to be paid as a lump sum via check to the petitioner. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP, and respondent's counsel was Ryan Daniel Pyles of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Anita Romero alleged a left shoulder injury resulting from an influenza vaccine administered on September 24, 2013. The respondent denied causation. The parties filed a joint stipulation for damages on December 30, 2020. Special Master Daniel T. Horner adopted the stipulation, awarding $20,000.00 as compensation for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by Paul R. Brazil, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_16-vv-01014