Ernestina Hernandez v. HHS - Influenza, left shoulder injuries related to vaccine administration (“SIRVA”) (2022)
Case summary [AI summaries can sometimes make mistakes]
Ernestina Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2018. The vaccine was administered in the United States, and she experienced residual effects for more than six months.
Respondent denied that Ms. Hernandez sustained a SIRVA, denied that the vaccine caused her injury, and denied that her condition was a sequelae of a vaccine-related injury.
Despite these positions, the parties filed a joint stipulation on January 10, 2022, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as the decision awarding damages.
Ms. Hernandez was awarded a lump sum of $25,000.00 as compensation for all damages available under Section 15(a).
The case proceeded as a Table claim, and the parties stipulated to damages.
Source PDFs
USCOURTS-cofc-1_19-vv-01901