Ana Marie Provencio v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-06-12Decided 2020-05-20Vaccine Influenza
compensated$70,924

Case summary [AI summaries can sometimes make mistakes]

Ana Marie Provencio filed a petition for vaccine compensation on June 12, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2016. The respondent denied that the flu vaccine caused her injury.

The parties filed a joint stipulation on April 15, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Ana Marie Provencio was awarded a lump sum of $70,924.16, representing compensation for all damages available under the Vaccine Act.

The decision was issued on May 20, 2020. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, or treatments for the alleged injury.

The mechanism of injury and specific expert testimony are not detailed in the public decision, as the case was settled via stipulation.

Theory of causation

Petitioner Ana Marie Provencio received an influenza vaccine on September 21, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied that the flu vaccine caused petitioner's injury or SIRVA Table injury. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $70,924.16. The case was settled as a Table claim, with respondent denying causation but agreeing to compensation. The public decision does not detail the specific medical experts, the mechanism of injury, or the evidence presented, as it was resolved by stipulation. The decision date was May 20, 2020. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Christine Mary Becer. Chief Special Master Brian H. Corcoran issued the decision.

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