Colleen Ortiz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Colleen Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 14, 2022. She further alleged that her symptoms persisted for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent stated that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, her pain occurred within forty-eight hours after vaccination, and the pain and reduced range of motion were limited to the injection shoulder.
The respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Petitioner is entitled to compensation.
The case is proceeding to a damages determination.
Source PDFs
USCOURTS-cofc-1_24-vv-00828