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

Maxie Downs filed a petition for compensation under the National Vaccine Injury Compensation Program on December 14, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his November 4, 2014 influenza vaccination. Mr.

Downs alleged that he experienced residual effects from the 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 condition. The respondent denied that the flu immunization caused the petitioner's alleged shoulder injury or any other injury or condition.

Despite the respondent's denial, the parties filed a joint stipulation on damages on December 13, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Mr. Downs was awarded a lump sum of $153,116.36, payable to the petitioner by check.

This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on March 14, 2018.

Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Camille Michelle Collett of the U.S.

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

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