Ivy Lopez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Ivy Lopez filed a petition for compensation under the National Vaccine Injury Compensation Program on February 15, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 6, 2013. The respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury and its residual effects.
Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and adopted it as the decision of the Court.
The decision awarded Ivy Lopez $55,000.00 in compensation, payable as a lump sum check to the petitioner, to cover all damages available under the program. The decision was issued on November 27, 2019.
Petitioner was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C., and respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms.
Lopez's alleged injury, nor does it name any medical experts.
Theory of causation
Petitioner Ivy Lopez received an influenza vaccine on November 6, 2013, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged SIRVA and its residual effects. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $55,000.00 as a lump sum. The public text indicates the theory of causation was related to the Vaccine Injury Table (SIRVA), but the respondent denied causation. No specific medical experts or detailed causation mechanism were described in the public text. The award was for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Nora Beth Dorsey on November 27, 2019. Petitioner's counsel was Bruce William Slane, and respondent's counsel was Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_18-vv-00234