Janice Espinosa v. HHS - Influenza, left upper extremity injuries (2020)

Janice Espinosa filed a petition for vaccine compensation on November 30, 2017, alleging that she suffered left upper extremity injuries caused in fact by an influenza vaccination received on September 16, 2015. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that no civil action had been filed or compensation received for the alleged vaccine-caused injury.

Respondent denied that the influenza vaccination caused petitioner's alleged upper left extremity injury or any other injury or her current condition. The parties, represented by Amy A.

Senerth for the petitioner and Claudia Barnes Gangi for the respondent, filed a joint stipulation on January 13, 2020, agreeing to settle the case. The stipulation noted that the influenza vaccine is contained in the Vaccine Injury Table.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Janice Espinosa a lump sum of $55,515.87, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This decision was issued on February 13, 2020.

The stipulation also addressed future proceedings for attorney's fees and costs, and included a release of claims by the petitioner in exchange for the compensation.