Ashok Patel v. HHS - Influenza, left shoulder injuries (2016)

Ashok Patel filed a petition for compensation under the National Vaccine Injury Compensation Program on October 7, 2015, alleging he suffered left shoulder injuries as a result of an influenza vaccination received on October 2, 2014. Petitioner stated that the vaccination was administered in the United States, that the effects of his injury lasted for more than six months, and that he had not received prior compensation for this vaccine-related injury.

The respondent, the Secretary of Health and Human Services, denied that the petitioner's alleged injuries and residual effects were caused in fact by the flu vaccine, and also denied that the flu vaccine caused any other injury or the petitioner's current condition. Despite the respondent's denial, on May 12, 2016, both parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As per the stipulation, Ashok Patel was awarded a lump sum of $50,000.00, payable to him by check, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued on June 16, 2016. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Julia McInerny of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury.

The specific theory of causation is not detailed in the public decision.