Joel Tarantal v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-01-04Decided 2021-07-29Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Joel Tarantal filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2019. He alleged that he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on August 27, 2017.

Mr. Tarantal further alleged that he suffered the residual effects of this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Tarantal sustained a SIRVA Table injury and denied that his alleged shoulder injury or any other condition was caused by the flu vaccine.

Despite these denials, on June 29, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Mr.

Tarantal was awarded a lump sum of $80,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Althea Walker Davis of the U.S.

Department of Justice.

Theory of causation

Petitioner Joel Tarantal received an influenza vaccine on August 27, 2017, and alleged a right shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury or causation by the vaccine. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. Mr. Tarantal was awarded $80,000.00. The theory of causation is based on the "Table" for SIRVA, though the public text does not detail the specific mechanism, medical evidence, or expert testimony considered. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Althea Walker Davis. The decision date was July 29, 2021.

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