George Nava v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-01-03Decided 2021-07-29Vaccine Influenza
compensated$47,000

Case summary [AI summaries can sometimes make mistakes]

George Nava filed a petition on January 3, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Mr.

Nava alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on January 4, 2017. The respondent denied that Mr.

Nava sustained a Table injury within the specified timeframe or that the flu vaccine caused his alleged left shoulder injury or any other injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on June 15, 2021.

Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision.

The stipulation awarded Mr. Nava a lump sum of $47,000.00, payable by check, as compensation for all damages available under the Vaccine Program.

The decision directed the Clerk of the Court to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

Theory of causation

Petitioner George Nava filed a petition on January 3, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 4, 2017. Respondent denied a Table injury within the timeframe and causation by the flu vaccine. The parties stipulated to settle the case. The Special Master adopted the stipulation as the decision. The award was a lump sum of $47,000.00 for all damages. The public text does not detail the specific mechanism of injury, expert testimony, or the reasoning behind the settlement beyond the parties' agreement to resolve the matter. Petitioner was represented by Amy A. Senerth of Muller Brazil LLP, and Respondent was represented by Mark K. Hellie of the U.S. Department of Justice. Special Master Katherine E. Oler issued the decision on July 29, 2021.

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