Baltazar Pedraza v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Baltazar Pedraza filed a petition on January 6, 2021, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on September 25, 2019. The case was assigned to the Special Processing Unit.

Respondent conceded that Mr. Pedraza is entitled to compensation, finding that his injury met the criteria for SIRVA as a Table injury.

Specifically, Respondent noted that Petitioner had no prior history of pain, inflammation, or dysfunction in his right shoulder, that his pain occurred within 48 hours of receiving the intramuscular vaccination, that his pain and reduced range of motion were limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality was identified to explain his symptoms. Respondent also agreed that the statutory six-month sequelae requirement was satisfied.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 23, 2022, finding Petitioner entitled to compensation.

Subsequently, on November 2, 2022, Respondent filed a proffer recommending an award of $67,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on December 7, 2022, awarding this amount as a lump sum payment to Baltazar Pedraza.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Ronalda Elnetta Kosh of the U.S.

Department of Justice.