Alcida Ortiz v. HHS - Influenza, shoulder injury related to vaccine administration (2021)

Alcida Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 20, 2016. Petitioner stated she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for damages related to her condition.

The respondent denied that Petitioner sustained a Table SIRVA within the Table time period and denied that the flu vaccine caused her injury or current condition. Despite these denials, on November 25, 2020, the parties filed a joint stipulation for compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.

He awarded Alcida Ortiz a lump sum of $92,500.00, payable to Petitioner, as compensation for all items of damages. The decision was issued on February 1, 2021.

Petitioner was represented by Brian L. Cinelli of Marcus & Cinelli, LLP, and Respondent was represented by Catherine Elizabeth Stolar of the U.S.

Department of Justice.