Esther Mutema v. HHS - Influenza, left shoulder injury (2019)
Case summary [AI summaries can sometimes make mistakes]
Esther Mutema filed a petition for vaccine compensation on June 12, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 6, 2009. Ms.
Mutema stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement. The respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her injury.
Despite these denials, the parties filed a joint stipulation on September 4, 2019, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Esther Mutema a lump sum of $90,000.00 for all items of damages, representing compensation for past unreimbursed expenses and pain and suffering.
The case was presented as a Table claim. Petitioner was represented by Jimmy A.
Zgheib of Zgheib Sayad, P.C., and the respondent was represented by Darryl R. Wishard of the U.S.
Department of Justice. The decision was issued on November 18, 2019.
Theory of causation
Petitioner Esther Mutema filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 6, 2009. The respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation to settle the case. The Special Master adopted the stipulation, awarding $90,000.00 as a lump sum for all damages, including past unreimbursed expenses and pain and suffering. The case was presented as a Table claim. Petitioner was represented by Jimmy A. Zgheib, and respondent was represented by Darryl R. Wishard. The decision was issued by Chief Special Master Nora Beth Dorsey on November 18, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-00822