Victor Velazquez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Victor Velazquez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2017. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation for settlement on March 4, 2021. The stipulation stated that the influenza vaccine is contained in the Vaccine Injury Table and that the petitioner sustained a SIRVA within the Table's time period.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.
Victor Velazquez was awarded $65,000.00 as a lump sum payment for all damages. The decision was issued on April 15, 2021.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W.
Slane, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.
Theory of causation
Petitioner Victor Velazquez received an influenza vaccine on October 20, 2017, and alleged a shoulder injury related to vaccine administration (SIRVA). The parties filed a joint stipulation for settlement, agreeing that the influenza vaccine is contained in the Vaccine Injury Table and that the petitioner sustained a SIRVA within the Table's time period. Respondent denied that the vaccine caused the injury. The stipulation was adopted by Chief Special Master Brian H. Corcoran as the decision awarding damages. Petitioner was awarded $65,000.00 as a lump sum. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The theory of causation is based on the Vaccine Injury Table. The decision date was April 15, 2021. Petitioner's counsel was Bruce William Slane, and respondent's counsel was Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_19-vv-00162