Hector Baez v. HHS - Influenza, left shoulder injury (2019)

Filed 2019-01-28Decided 2019-03-05Vaccine Influenza
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Hector Baez filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2017, alleging a left shoulder injury causally related to an influenza vaccination received on October 10, 2016. Mr.

Baez stated that the vaccination occurred in the United States, that he suffered residual effects for more than six months, and that no civil action had been filed nor other compensation received for the alleged vaccine-caused injury. The respondent denied that the flu vaccine caused Mr.

Baez's alleged Shoulder Injury Related to Vaccine Administration (SIRVA). However, on January 28, 2019, both parties filed a joint stipulation agreeing that compensation should be awarded.

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

Baez was awarded a lump sum of $45,000.00, payable to him, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and respondent was represented by Julia Marter Collison of the U.S.

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

Theory of causation

Petitioner Hector Baez alleged a left shoulder injury causally related to an influenza vaccination received on October 10, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public text does not specify the theory of causation, the mechanism of injury, or name any experts. The Special Master adopted the stipulation, awarding $45,000.00 as compensation for all damages. The decision was issued by Chief Special Master Nora Beth Dorsey on March 5, 2019, based on a stipulation filed January 28, 2019. Petitioner's counsel was Jessica Anne Olins, and respondent's counsel was Julia Marter Collison.

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