David Ramos v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
David Ramos filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2018, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 24, 2016. A fact ruling on September 30, 2019, established that the onset of his shoulder pain occurred within 48 hours of vaccination.
Respondent conceded entitlement on November 6, 2019, recognizing the injury as a Table injury. A ruling on entitlement was issued on November 7, 2019.
The parties were unable to agree on damages, leading to a decision awarding damages on February 23, 2021. Mr.
Ramos sought compensation for pain and suffering and a Medicaid lien. The court awarded $40,000.00 for pain and suffering and $757.91 for the Medicaid lien, totaling $40,757.91.
The court found that Mr. Ramos experienced a mild SIRVA with a duration of approximately 13 months, treated conservatively, and that his injury was less severe than comparable cases cited by the petitioner.