Krystal Garcia v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-10-19Decided 2022-12-07Vaccine Influenza
compensated$62,250

Case summary [AI summaries can sometimes make mistakes]

Krystal Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 13, 2017.

Ms. Garcia stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement.

The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused Petitioner's alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, on September 29, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Garcia was awarded a lump sum of $62,250.00, payable to Petitioner, representing compensation for all items of damages.

Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP. Respondent's counsel was Camille Michelle Collett of the U.S.

Department of Justice.

Theory of causation

Petitioner Krystal Garcia alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 13, 2017. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded $62,250.00 as a lump sum. The theory of causation was based on the "Table" for SIRVA, as indicated by the stipulation, despite respondent's denials. No specific medical experts or detailed clinical information regarding the mechanism of injury were described in the public decision. Petitioner was represented by Leigh Finfer, and Respondent by Camille Michelle Collett. The decision was issued on December 7, 2022.

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