Bruce Miller v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Bruce Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2014. The petition stated the vaccination was administered within the United States and that the resulting condition had persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from sub-deltoid bursitis, a shoulder injury, or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on July 21, 2016, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The parties stipulated that petitioner would receive a lump sum of $90,245.00, payable by check to petitioner.

This amount was stipulated to represent compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on October 5, 2016.

Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Douglas Ross of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or any expert witnesses.