Timothy Sisneros v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Timothy Sisneros filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 30, 2019. The respondent initially sought dismissal, arguing that Mr.
Sisneros had not met the statutory requirement of suffering residual effects for more than six months. The court found that Mr.
Sisneros did meet this requirement, noting that his symptoms persisted through August 25, 2020, over ten months after vaccination, despite gaps in treatment due to family illness and the COVID-19 pandemic. The respondent conceded that the injury was consistent with a Table SIRVA, meaning causation was presumed.
The court ruled that Mr. Sisneros was entitled to compensation.
A subsequent decision awarded Mr. Sisneros $59,288.35 in damages, comprising $58,750.00 for pain and suffering and $538.35 for past unreimbursable expenses, plus $2,535.97 to satisfy a Medicaid lien.
The total award was $61,824.32.