Salina M. Flores v. HHS - Influenza, left shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Salina M. Flores filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about September 29, 2017.
Petitioner alleged that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement for the injury. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that the petitioner's current condition was a sequela of a vaccine-related injury.
Despite the respondent's denials, the parties filed a joint stipulation on August 29, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. The decision awarded Salina M.
Flores a lump sum of $40,000.00, payable to the Petitioner, as compensation for all items of damages. 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 John Cantrell of the Law Office of John R. Cantrell, and Respondent was represented by Parisa Tabassian of the U.S.
Department of Justice.
Theory of causation
Petitioner Salina M. Flores alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about September 29, 2017. The respondent denied that the vaccine caused the alleged shoulder injury or that it was a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $40,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition alleged falls under the "Table" category of injuries for which compensation may be awarded under the Vaccine Act. Petitioner was represented by John Cantrell, and Respondent was represented by Parisa Tabassian. The decision was issued on September 28, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01279