Wanda I. Rodriguez v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Wanda I. Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 18, 2019.
The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on July 19, 2023, conceding that Ms. Rodriguez is entitled to compensation.
The respondent stated that Ms. Rodriguez's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.
Based on the respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 19, 2023, finding Ms.
Rodriguez entitled to compensation. Subsequently, on August 22, 2023, Chief Special Master Corcoran issued a decision awarding Ms.
Rodriguez a total of $154,334.39. This award includes $130,000.00 for pain and suffering and $24,334.39 for past unreimbursable expenses.
The respondent represented that Ms. Rodriguez agreed with this proffered award.
Petitioner's counsel was Brittany S. Cates of Faxon Law Group, and respondent's counsel was Voris Edward Johnson of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Wanda I. Rodriguez alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 18, 2019. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent's Rule 4(c) Report and Proffer indicated that Petitioner satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 19, 2023, finding Petitioner entitled to compensation. A decision on August 22, 2023, awarded Petitioner $154,334.39, consisting of $130,000.00 for pain and suffering and $24,334.39 for past unreimbursable expenses. Petitioner's counsel was Brittany S. Cates, and respondent's counsel was Voris Edward Johnson. The public text does not detail the specific mechanism of injury or name any medical experts.