Celina Ramirez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Celina Ramirez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 19, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020. Ms.
Ramirez alleged that the injury occurred within the time period set forth in the Vaccine Injury Table or, in the alternative, that the vaccination caused her shoulder injury, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.
Ramirez 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.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable.
On November 3, 2022, Chief Special Master Corcoran adopted the stipulation, awarding Celina Ramirez $45,000.00 as compensation for all damages. This award was to be paid as a lump sum in the form of a check payable to the petitioner.
The decision notes that the public text does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted. The stipulation was signed by Celina Ramirez and her attorney, Jimmy A.
Zgheib of Zgheib Sayad, P.C., and by George R. Grimes, MD, MPH, for the Secretary of Health and Human Services, and James Vincent Lopez for the U.S.
Department of Justice.
Theory of causation
Petitioner Celina Ramirez received an influenza vaccine on September 4, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccination caused her shoulder injury with residual effects lasting more than six months. The respondent denied a SIRVA Table injury, causation, and sequela. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $45,000.00 in compensation for all damages. The public text indicates the theory of causation was related to the Vaccine Injury Table or general causation, but does not detail specific medical experts, mechanism of injury, or clinical findings. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by James Vincent Lopez. The decision date was November 3, 2022.
Source PDFs
USCOURTS-cofc-1_21-vv-00768