Dennis Vivians v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”), including a rotator cuff tear and acute-on-chronic mononeuropathy of the ulnar nerve causing pain and limited range of motion in his shoulder and upper arm (2016)

On October 2, 2015, Dennis Vivians filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr.

Vivians alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. His alleged injuries included a rotator cuff tear and acute-on-chronic mononeuropathy of the ulnar nerve, resulting in pain and limited range of motion in his right shoulder and upper arm.

The petition stated that the vaccine was administered in the United States, that Mr. Vivians experienced residual effects of his injury for more than six months, and that there had not been a prior award or settlement of a civil action for damages on his behalf.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Vivians' alleged injuries.

Despite this denial, the parties filed a joint stipulation on May 27, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

Mr. Vivians was awarded a lump sum of $70,000.00, payable to him, as compensation for all items of damages.

Edward M. Kraus represented the petitioner, and Ann D.

Martin represented the respondent. The decision was issued on July 6, 2016.