Alberto Abraham v. HHS - Varicella, disseminated varicella vaccine strain viral disease (2023)
Case summary [AI summaries can sometimes make mistakes]
Alberto Abraham filed a petition for compensation under the National Vaccine Injury Compensation Program on December 10, 2021. He alleged that he suffered disseminated varicella vaccine strain viral disease following receipt of a varicella vaccine on July 27, 2020.
Mr. Abraham claimed this was a defined Table injury and that he met the program's requirements for compensation.
He further alleged that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received compensation for his condition. The respondent denied that Mr.
Abraham sustained the alleged injury, denied that the varicella vaccine caused his alleged injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 3, 2023, agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court.
Pursuant to the stipulation, Mr. Abraham was awarded a lump sum of $65,000.00, payable to him, as compensation for all items of damages.
The decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by Zoe Wade of the U.S.
Department of Justice.
Theory of causation
Petitioner Alberto Abraham alleged that he suffered disseminated varicella vaccine strain viral disease, a defined Table injury, following a varicella vaccine received on July 27, 2020. Respondent denied the alleged injury and causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $65,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, other than stating it was a Table injury.
Source PDFs
USCOURTS-cofc-1_21-vv-02279