Wilson V. Rivera v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-09-21Decided 2023-01-03Vaccine Pneumococcal
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Wilson V. Rivera filed a petition on September 21, 2020, seeking compensation under the National Vaccine Injury Compensation Program.

Petitioner alleged a Table injury of shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccination received on December 27, 2017. The respondent denied that the petitioner sustained a SIRVA Table injury, that the vaccine caused the alleged shoulder injury, or that the current condition was a sequela of a vaccine-related injury.

Despite maintaining these positions, both parties agreed to settle the case through a joint stipulation filed on November 30, 2022. Special Master Katherine E.

Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Petitioner a lump sum of $15,000.00, payable by check, as compensation for all damages.

Petitioner's counsel was Matthew F. Belanger of Faraci Lange LLP, and respondent's counsel was Madelyn Weeks of the U.S.

Department of Justice. Judgment was to be entered accordingly.

Theory of causation

Petitioner alleged a Table injury of shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccination on December 27, 2017. Respondent denied the alleged injury and causation. The parties reached a settlement via joint stipulation, agreeing to an award of $15,000.00. Special Master Katherine E. Oler adopted the stipulation as her decision. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the allegation of SIRVA.

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