Pauline Martinez v. HHS - Pneumococcal, shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Pauline Martinez filed a petition on September 4, 2018, alleging that a pneumococcal conjugate (PCV13) vaccine administered on September 11, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that Ms.
Martinez sustained a Table injury within the Table timeframe or that the vaccine caused her condition. Despite these denials, the parties reached a stipulation recommending an award of compensation.
Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Ms.
Martinez was awarded a lump sum of $62,500.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The judgment was entered in accordance with the terms of the stipulation.
Petitioner counsel was Michael Adly Baseluos of Baseluos Law Firm, PLLC. Respondent counsel was Mark Kim Hellie of the U.S.
Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Pauline Martinez alleged that a pneumococcal conjugate (PCV13) vaccine administered on September 11, 2015, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied a Table injury within the Table timeframe and that the vaccine caused the condition. The parties stipulated to an award of $62,500.00. Special Master Nora Beth Dorsey adopted the stipulation. The public text does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner was represented by Michael Adly Baseluos, and respondent by Mark Kim Hellie.
Source PDFs
USCOURTS-cofc-1_18-vv-01352