Jocelyn Vazquez v. HHS - Hepatitis B, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2023-08-02Decided 2024-11-06Vaccine Hepatitis B
compensated$28,500

Case summary [AI summaries can sometimes make mistakes]

On August 2, 2023, Jocelyn Vazquez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a hepatitis B vaccine received on October 12, 2021. Petitioner alleged that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The parties subsequently filed a joint stipulation agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Jocelyn Vazquez a lump sum of $28,500.00, payable by check to the Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

The stipulation also addressed future proceedings for reasonable attorneys' fees and costs. The public decision was issued on November 6, 2024.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and Respondent was represented by Eleanor Hanson of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner.

Theory of causation

Jocelyn Vazquez filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a hepatitis B vaccination on October 12, 2021. The injury is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran issued a decision on November 6, 2024, awarding Jocelyn Vazquez $28,500.00 as compensation for all damages, representing a compromise of liability and damages. The stipulation noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings.

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