Sandra Marin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Sandra Marin filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 6, 2017. The respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccination caused her alleged shoulder injury, a significant aggravation of an underlying shoulder condition, or any other injury or condition, and denied that her current condition is a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on March 2, 2021, 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 the decision awarding damages. Pursuant to the stipulation, Sandra Marin was awarded a lump sum of $40,793.56, payable by check to Petitioner.
This amount represents 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.
The decision is unpublished and was posted on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002.
Theory of causation
Petitioner Sandra Marin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 6, 2017. Respondent denied a SIRVA Table injury or causation. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $40,793.56 as a lump sum. The stipulation indicates the case was treated under the "Table" category for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of damages beyond the total lump sum award. The decision was issued on April 6, 2021, based on a stipulation filed March 2, 2021. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Debra A. Filteau Begley. Chief Special Master Corcoran issued the decision.
Source PDFs
USCOURTS-cofc-1_19-vv-00246