Keith Ratay v. HHS - Influenza, left shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Keith Ratay filed a petition for compensation on May 31, 2019, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 12, 2016. Petitioner stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and he had no prior award or settlement for this condition.
The respondent denied that the injury was a Table injury or that the flu vaccine caused the shoulder injury. Despite these differing positions, the parties filed a joint stipulation on March 1, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Keith Ratay a lump sum of $90,000.00 for all items of damages.
The decision was issued on April 5, 2022. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.
Theory of causation
Petitioner Keith Ratay alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 12, 2016. Respondent denied the injury was a Table injury or that the vaccine caused the condition. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $90,000.00 to petitioner for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The case was settled via stipulation, with petitioner represented by Leah VaSahnja Durant and respondent by Catherine Elizabeth Stolar. The decision date was April 5, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-00805