Maritza Serrano v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Maritza Serrano 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) from an influenza vaccination received on October 21, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 21, 2020, conceding that Petitioner is entitled to compensation.

The respondent concluded that Petitioner suffered SIRVA as defined by the Vaccine Injury Table, noting that she had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of the vaccination; the pain was limited to the shoulder where the vaccine was administered; and no other condition or abnormality was identified to explain the pain. Furthermore, the respondent stated that Petitioner suffered residual effects of her condition for more than six months and had satisfied all legal prerequisites for compensation under the Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 24, 2020, finding Petitioner entitled to compensation.

Subsequently, on May 27, 2020, Chief Special Master Corcoran issued a decision awarding damages. The parties had stipulated to an award of $107,500.00 in a joint Rule 4(c) report and proffer filed on April 21, 2020.

The decision stated that Petitioner agreed with the proffered award. Chief Special Master Corcoran granted this amount as compensation for all damages available under the Act, awarding Petitioner a lump sum payment of $107,500.00 in the form of a check payable to Petitioner.

The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Roberto Ruiz-Comas of RC Legal & Litigation Services PSC, and Respondent was represented by Robert Paul Coleman, III of the U.S.

Department of Justice.