Deborah Carrillo v. HHS - Influenza, right shoulder injuries (2018)
Case summary [AI summaries can sometimes make mistakes]
Deborah Carrillo filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2016. She alleged that an influenza vaccination administered on October 1, 2015, caused right shoulder injuries.
Ms. Carrillo stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's injury or current condition. However, on October 18, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Deborah Carrillo a lump sum of $80,000.00, payable by check to the petitioner.
This amount was intended to compensate for all items of damages available under the Vaccine Act, 42 U.S.C. § 300aa-15(a). The decision was issued on February 13, 2018.
Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Christine M. Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Deborah Carrillo alleged that an influenza vaccine administered on October 1, 2015, caused right shoulder injuries. The respondent denied causation. The parties filed a joint stipulation on October 18, 2017, agreeing to an award of compensation. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The award was a lump sum of $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Nora Beth Dorsey on February 13, 2018. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_16-vv-01124