Patricia Garcia v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Patricia Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on March 13, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on January 4, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 10, 2019, conceding that Ms.
Garcia was entitled to compensation as she met all legal prerequisites for the Vaccine Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 17, 2019, finding Ms.
Garcia eligible for compensation. Subsequently, on July 24, 2019, the respondent filed a proffer on award of damages, proposing an award of $52,500.00, which Ms.
Garcia agreed to. In a decision dated October 17, 2019, Chief Special Master Dorsey awarded Ms.
Garcia a lump sum payment of $52,500.00, representing compensation for all damages available under the Vaccine Act. Ms.
Garcia is a competent adult. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W.
Slane, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Patricia Garcia filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on January 4, 2017. The respondent conceded entitlement, stating petitioner met all legal prerequisites. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 17, 2019. On July 24, 2019, respondent filed a proffer on award of damages, proposing $52,500.00, which petitioner agreed to. On October 17, 2019, Chief Special Master Dorsey awarded a lump sum of $52,500.00 to petitioner, Patricia Garcia, representing all damages under 42 U.S.C. § 300aa-15(a). The theory of causation is based on the "Table" injury, specifically SIRVA. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the provided public text. Petitioner was represented by Bruce William Slane, and respondent by Jennifer Leigh Reynaud.