Janice Y. Atencio v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA), including a left shoulder rotator cuff tear, rotator cuff tendinitis, and impingement syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Janice Atencio filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 10, 2015. She claimed the injury included a rotator cuff tear, tendinitis, and impingement syndrome, with symptoms beginning immediately after the vaccination and lasting for more than six months.
The respondent denied that the injury was a Table injury or caused-in-fact by the vaccine. However, the parties reached a joint stipulation for settlement.
The court adopted the stipulation, awarding Ms. Atencio a total of $30,735.50.
This amount included $30,000.00 for pain and suffering and $735.50 to reimburse a Medicaid lien. The award represented compensation for all damages available under the program.
The case was settled as a Table claim, and the court directed that judgment be entered in accordance with the decision.
Source PDFs
USCOURTS-cofc-1_18-vv-01530