Annette Quintana v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Annette Quintana filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2017, alleging she suffered a left shoulder injury as a result of an influenza vaccine received on October 17, 2016. She further alleged that she experienced residual effects of her injury for more than six months.
The respondent denied that the flu vaccine caused petitioner's left shoulder injury or any other injury or her current condition. Despite these positions, the parties filed a joint stipulation on June 6, 2019, agreeing to an award of compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum payment of $2,445.59 to reimburse a Colorado Medicaid lien, payable jointly to petitioner Annette Quintana and Equian.
Additionally, a lump sum of $40,000.00 was awarded, payable to petitioner, representing compensation for all remaining damages. The case was treated as a Table claim, as Shoulder Injury Related to Vaccine Administration (SIRVA) is listed on the Vaccine Injury Table.
The decision date was September 4, 2019. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice.
Theory of causation
Petitioner Annette Quintana received an influenza vaccine on October 17, 2016, and alleged a left shoulder injury (SIRVA) with residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for settlement. The case was treated as a Table claim. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $2,445.59 for a Colorado Medicaid lien and $40,000.00 for all remaining damages. Petitioner was represented by Diana Lynn Stadelnikas, and respondent by Adriana Ruth Teitel. The decision date was September 4, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01891