Paloma Caldeira v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2018)

Paloma Caldeira filed a petition on October 5, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 22, 2015, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).

Ms. Caldeira further alleged that her shoulder injury and its sequelae lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged left shoulder pain or any other injury, and denied that her disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on September 5, 2017, both parties filed a joint stipulation agreeing to an award of compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Paloma Caldeira was awarded a lump sum of $80,345.00, payable to her, as compensation for all items of damages available under the Vaccine Act.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Glenn Alexander MacLeod of the U.S.

Department of Justice.