Miguel Leal, Jr. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Miguel Leal, Jr. filed a petition on July 26, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2016, and experienced residual effects lasting more than six months.
The respondent denied that Mr. Leal suffered a SIRVA table injury.
The petitioner submitted two expert reports, and the respondent submitted one expert report. Attempts to settle the case failed, and an entitlement hearing was held on September 22, 2020.
Subsequently, the parties agreed to re-engage in settlement negotiations. On February 2, 2021, the parties filed a stipulation agreeing that the issues could be settled and that a decision should be entered awarding the petitioner compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision.
The stipulation awarded Mr. Leal a lump sum payment of $50,000.00, payable to him, as compensation for all elements of damages under the Vaccine Act.
The decision was not formally designated for publication but was posted on the United States Court of Federal Claims website. The public decision does not describe the specific symptoms, onset, medical tests, or treatments related to Mr.
Leal's alleged injury, nor does it name the experts who submitted reports.
Theory of causation
Petitioner Miguel Leal, Jr. alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 21, 2016, with residual effects lasting over six months. Respondent denied a SIRVA table injury. The case involved expert reports from both parties. After settlement attempts failed and an entitlement hearing was held, the parties re-engaged in settlement negotiations. They filed a stipulation on February 2, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding Petitioner $50,000.00 as compensation for all elements of damages. The specific mechanism of injury, named experts, or detailed medical evidence supporting the SIRVA claim were not described in the public decision text. The theory of causation was based on the "Table" for SIRVA injuries.
Source PDFs
USCOURTS-cofc-1_17-vv-01008