Amanda Salgado v. HHS - HPV, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Amanda Salgado filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of a Human Papillomavirus (HPV) vaccination she received on July 3, 2019.
Ms. Salgado stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had not received any prior award or settlement from a civil action related to her injury.
The respondent, the Secretary of Health and Human Services, denied that Ms. Salgado sustained a SIRVA Table 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, which was filed on October 24, 2023. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms.
Salgado was awarded a lump sum of $45,000 for all damages. Additionally, she was awarded $1,699.71 to reimburse a Medicaid lien for services rendered by the State of Wisconsin.
This reimbursement was to be paid jointly to Ms. Salgado and The Rawlings Company LLC, with Ms.
Salgado agreeing to endorse the check to The Rawlings Company LLC. The decision noted that this settlement represents a compromise of the parties' respective positions on liability and damages.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.
Respondent was represented by Parisa Tabassian of the U.S. Department of Justice.
Theory of causation
Petitioner Amanda Salgado alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an HPV vaccination on July 3, 2019. The petition alleged the injury was a Table injury or alternatively caused by the vaccine, with residual effects lasting over six months. Respondent denied a Table injury, causation, or sequela. The parties reached a joint stipulation for settlement, agreeing to an award without admitting liability. Chief Special Master Brian H. Corcoran adopted the stipulation. The award included a $45,000 lump sum for damages and $1,699.71 for a Medicaid lien reimbursement. Petitioner was represented by Leah VaSahnja Durant, and Respondent by Parisa Tabassian. The stipulation stated the award may reflect a compromise of liability and damages, and was not an admission by the United States that the vaccine caused the alleged injury or that petitioner suffered a Table injury.
Source PDFs
USCOURTS-cofc-1_21-vv-00205