Virginia Perez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2022-06-15Decided 2025-01-22Vaccine Influenza
compensated$10,000

Case summary [AI summaries can sometimes make mistakes]

Virginia Perez filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2022. She alleged that she received an influenza vaccine on November 8, 2021, and subsequently sustained a shoulder injury related to vaccine administration (SIRVA), which is a condition listed in the Vaccine Injury Table.

Ms. Perez further alleged that the flu vaccine caused her injury and that she experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Perez 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 opposing positions, the parties filed a joint stipulation on December 17, 2024, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed and adopted the stipulation. As compensation, Ms.

Perez was awarded a lump sum of $10,000.00, payable by check, representing all items of damages available under the program. This award was a compromise of the parties' respective positions on liability and damages.

The case was resolved via stipulation, and the court was directed to enter judgment in accordance with the decision. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Mitchell Jones of the U.S. Department of Justice.

Theory of causation

Petitioner Virginia Perez received an influenza vaccine on November 8, 2021. She alleged a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, and that the vaccine caused her injury, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, and sequela. The parties entered into a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $10,000.00 as compensation for all items of damages. This award represents a compromise of liability and damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA. Petitioner was represented by Leah VaSahnja Durant, and Respondent by Mitchell Jones. The decision date was January 22, 2025.

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