Angelica Davila v. HHS - HPV, shoulder injury related to vaccine administration (2021)
Case summary [AI summaries can sometimes make mistakes]
Angelica Davila filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccine on September 8, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 29, 2021, conceding that Ms.
Davila met the criteria for SIRVA as a Table injury. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on May 3, 2021, finding Ms. Davila entitled to compensation.
Subsequently, on June 4, 2021, Chief Special Master Corcoran issued a decision awarding damages based on a proffer filed by the respondent. The respondent's proffer indicated that Ms.
Davila agreed with the proposed award. Ms.
Davila was awarded a lump sum payment of $47,550.00. This award included $47,500.00 for pain and suffering and $50.00 for unreimbursed medical expenses.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mark Kim Hellie of the U.S.
Department of Justice.
Theory of causation
Petitioner Angelica Davila alleged a shoulder injury related to vaccine administration (SIRVA) following an HPV vaccine on September 8, 2017. The respondent conceded that Petitioner met the criteria for SIRVA as a Table injury. The public text does not name specific medical experts or detail the mechanism of injury. A ruling on entitlement was issued on May 3, 2021, by Chief Special Master Brian H. Corcoran, finding Petitioner entitled to compensation. A decision awarding damages was issued on June 4, 2021, by Chief Special Master Corcoran, awarding Petitioner a lump sum of $47,550.00, consisting of $47,500.00 for pain and suffering and $50.00 for unreimbursed medical expenses, based on a proffer agreed to by Petitioner. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Mark Kim Hellie.
Source PDFs
USCOURTS-cofc-1_19-vv-01988