Sandra Ruiz v. HHS - Influenza, left shoulder pain, brachial neuritis, Parsonage-Turner syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
Sandra Ruiz filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. Petitioner alleged that she received an influenza vaccine on or about September 22, 2018, and subsequently suffered from left shoulder pain, brachial neuritis, and Parsonage-Turner syndrome, experiencing residual effects for more than six months.
The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the flu vaccine caused Petitioner's alleged injuries or current condition.
On August 1, 2023, the parties filed a joint stipulation agreeing to a resolution of the case. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it as the decision. Pursuant to the stipulation, Ms.
Ruiz was awarded a lump sum of $7,500.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party.
Petitioner was represented by Neal Fialkow, and Respondent was represented by Austin Joel Egan.
Theory of causation
Petitioner Sandra Ruiz received an influenza vaccine on or about September 22, 2018. She alleged that this vaccine caused left shoulder pain, brachial neuritis, and Parsonage-Turner syndrome, with residual effects lasting over six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation on August 1, 2023, agreeing to a resolution. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $7,500.00 as compensation for all damages under Section 15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner's counsel was Neal Fialkow, and Respondent's counsel was Austin Joel Egan.
Source PDFs
USCOURTS-cofc-1_20-vv-01380