Dianah Hernandez v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Dianah Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 17, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 6, 2017 influenza vaccination. The respondent denied that the vaccine caused her injury.
Nevertheless, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.
Corcoran adopted the stipulation as the court's decision. The award included a lump sum of $117,613.29 payable to petitioner and a lump sum of $3,680.01 to reimburse a New York Medicaid lien.
The total award was $121,293.30. The stipulation also addressed future proceedings for attorneys' fees and costs.
Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.
The stipulation states that the parties agreed to settle the issues between them, with the respondent denying that petitioner suffered a SIRVA Table injury or that the flu vaccine caused her injury. The award represents compensation for all damages available under the Vaccine Act.
Theory of causation
Petitioner Dianah Hernandez alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 6, 2017 influenza vaccination. Respondent denied that the vaccine caused a SIRVA Table injury or any other injury. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $117,613.29 to petitioner and $3,680.01 for a New York Medicaid lien reimbursement, totaling $121,293.30. The stipulation addressed future proceedings for attorneys' fees and costs. Petitioner was represented by Jimmy A. Zgheib, and respondent by Christine Mary Becer. Chief Special Master Brian H. Corcoran issued the decision on February 19, 2020. The specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA claim is not described in the public decision, as the case was resolved via stipulation. The theory of causation relies on the Vaccine Injury Table for SIRVA, though respondent contested its applicability.
Source PDFs
USCOURTS-cofc-1_18-vv-01277