Francisco Salgado v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-06Decided 2024-03-04Vaccine Influenza
compensated$16,250

Case summary [AI summaries can sometimes make mistakes]

On January 6, 2021, Francisco Salgado filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 11, 2019. Mr.

Salgado claimed the injury was on the Vaccine Injury Table, that he sustained residual effects for more than six months, and that the vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that Mr.

Salgado sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on January 29, 2024, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

He awarded Mr. Salgado a lump sum of $16,250.00, payable by check to the petitioner.

This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The decision was entered on March 4, 2024.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Jamica Marie Littles of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.

Theory of causation

Petitioner Francisco Salgado alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 11, 2019. Petitioner claimed the injury was listed on the Vaccine Injury Table and resulted in residual effects for over six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $16,250.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the settlement beyond the parties' agreement. The theory of causation is based on the Vaccine Injury Table entry for SIRVA. Attorneys for petitioner were Muller Brazil, LLP, and for respondent, the U.S. Department of Justice. Decision date: March 4, 2024.

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