Jason Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Petitioner Jason Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2015. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2014.

Petitioner further alleged that the vaccine was administered in the United States, that he experienced residual effects of the alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages as a result of his alleged injury. Respondent denied that the flu vaccination caused petitioner's alleged injury or any other condition.

Despite the denial, the parties filed a joint stipulation on February 21, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $65,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on May 22, 2018.

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Alexis Babcock of the U.S. Department of Justice.