Olinda Gilmore f/k/a Olinda Ramirez v. HHS - Influenza, right shoulder injury related to vaccination administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Olinda Gilmore, formerly known as Olinda Ramirez, filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2021. Ms.
Gilmore alleged that she received an influenza vaccination on October 6, 2020, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied that Ms.
Gilmore sustained a SIRVA Table injury, that the vaccine caused her alleged injury, or 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, adopting it as the decision of the court.
Pursuant to the stipulation, Ms. Gilmore was awarded a lump sum of $92,500.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act.
This amount represents a compromise of the parties' respective positions on liability and damages. The parties also agreed to further proceedings for the award of reasonable attorneys' fees and costs.
Petitioner was represented by Scot Tyler Scheuerman of Scheuerman Law Firm, PLLC, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.
Theory of causation
Petitioner Olinda Gilmore received an influenza vaccine on October 6, 2020, and alleged a right shoulder injury related to vaccine administration (SIRVA) with residual effects for more than six months. The respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for settlement, agreeing to an award of $92,500.00. The case proceeded as a Table claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Attorneys for petitioner were Scot Tyler Scheuerman, and for respondent was Alexa Roggenkamp. The decision was issued by Chief Special Master Brian H. Corcoran on February 23, 2024, adopting the joint stipulation.