Nubia Rivera v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Nubia Rivera filed a petition for compensation under the National Vaccine Injury Compensation Program on December 14, 2020, alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 30, 2019. The petition stated the vaccine was administered in the United States, her symptoms persisted for more than six months, and no prior action or compensation had been sought for this injury.
The respondent, the Secretary of Health and Human Services, denied that Ms. Rivera sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms.
Rivera was awarded a lump sum of $32,000.00, payable to her, as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages.
The decision was filed on April 18, 2024. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel was Mary Eileen Holmes of the U.S.
Department of Justice.
Theory of causation
Petitioner Nubia Rivera alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 30, 2019. Respondent denied a Table SIRVA injury and causation. The parties reached a joint stipulation for settlement, agreeing to an award of $32,000.00. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents a compromise of liability and damages. The decision was issued by Chief Special Master Brian H. Corcoran on April 18, 2024. Petitioner was represented by Paul R. Brazil, and Respondent by Mary Eileen Holmes.