Miguel Perez v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Miguel Perez filed his petition on January 10, 2023, alleging that an influenza vaccination administered in his left deltoid on October 20, 2021 caused a shoulder injury related to vaccine administration. He alleged residual effects lasting more than six months and no prior civil recovery for the injury.
Perez was represented by Paul R. Brazil of Muller Brazil, LLP.
Respondent denied that Perez sustained a Table SIRVA, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The public stipulation does not describe the first shoulder symptom, onset interval, medical visits, range-of-motion findings, imaging, injections, therapy, surgery, work impact, or daily-life limitations.
It also does not identify experts or discuss a biological mechanism. The public record therefore tells a settlement story rather than a detailed clinical one.
Perez connected a left-shoulder injury to the October 2021 flu shot, respondent disputed both Table and causation theories, and the parties compromised the claim without a published entitlement analysis. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it on December 19, 2024. Perez received $80,000.00 in a check payable to him, representing all Vaccine Act damages available under Section 15(a).
Theory of causation
Influenza vaccine in left deltoid on October 20, 2021 allegedly causing left shoulder SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, vaccine causation for shoulder injury or any other injury, and current vaccine-caused sequela. Public stipulation provides no onset interval, treatment, imaging, therapy, experts, or mechanism. Chief Special Master Brian H. Corcoran, decision December 19, 2024. Award $80,000.00 check payable to petitioner. Petition filed January 10, 2023. Attorney: Paul R. Brazil.
Source PDFs
USCOURTS-cofc-1_23-vv-00034