Rosie Estrada v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Rosie Estrada filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 7, 2017. The public decision does not describe the specific onset or symptoms of the alleged injury, nor does it detail any diagnostic tests or treatments.
Respondent denied that the flu vaccine caused petitioner's left shoulder injury or that she sustained a SIRVA Table Injury. Nevertheless, the parties filed a joint stipulation on May 11, 2020, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.
Rosie Estrada was awarded a lump sum of $42,975.00, representing compensation for all damages available under the Vaccine Act. This amount was to be paid as a check to the petitioner.
The stipulation stated that the injury was considered a Table injury. The decision was issued on June 12, 2020.
Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Dhairya Divyakant Jani of the U.S. Department of Justice.
Theory of causation
Petitioner Rosie Estrada alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 7, 2017. Respondent denied causation and that the injury was a SIRVA Table Injury. The parties reached a settlement via joint stipulation, agreeing to an award of $42,975.00. The injury was considered a Table injury. The decision was issued by Chief Special Master Brian H. Corcoran on June 12, 2020. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by Dhairya Divyakant Jani.
Source PDFs
USCOURTS-cofc-1_18-vv-01448