Isabel Irizarry v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Isabel Irizarry filed a petition for compensation on September 3, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination on December 14, 2017. Petitioner stated the vaccine was administered in the United States, that the injury's residual effects lasted more than six months, and that she had no prior award or settlement for this injury.
The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Ms. Irizarry's injury or any other condition.
Despite these opposing positions, the parties filed a joint stipulation on February 1, 2022, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Ms. Irizarry a lump sum of $90,000.00 as compensation for all damages.
This amount represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Jimmy A.
Zgheib of Zgheib Sayad, P.C., and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.
The decision was issued on March 9, 2022.
Theory of causation
Petitioner Isabel Irizarry alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on December 14, 2017. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details of the alleged condition. Respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to an award of $90,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Jimmy A. Zgheib, and respondent by Kimberly Shubert Davey. The decision date was March 9, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01140