Jadon Espinosa v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Jadon Espinosa filed a petition for vaccine compensation on April 16, 2021, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on August 15, 2020. The respondent, the Secretary of Health and Human Services, denied that Mr.
Espinosa sustained a Table SIRVA injury or that the vaccine caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on September 6, 2022, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
Pursuant to the stipulation, Mr. Espinosa was awarded a lump sum of $60,000.00, payable to him.
This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on October 12, 2022.
Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and the respondent was represented by Rachelle Bishop of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments related to the alleged injury, nor does it name any medical experts.
Theory of causation
Petitioner Jadon Espinosa alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine administered on August 15, 2020, claiming it was a Table injury and that the vaccine caused his condition. Respondent denied a Table SIRVA injury and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $60,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, filed September 6, 2022, and the decision, issued October 12, 2022, do not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Rachelle Bishop.
Source PDFs
USCOURTS-cofc-1_21-vv-01236