Daniel Mulvihill v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-02-10Decided 2017-04-25Vaccine Influenza
compensated$225,775

Case summary [AI summaries can sometimes make mistakes]

Daniel Mulvihill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccination he received on November 26, 2014. He further alleged that he experienced the residual effects of his injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Mulvihill was entitled to compensation.

The respondent believed the alleged injury was consistent with SIRVA and that Mr. Mulvihill met the statutory requirements for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Mulvihill eligible for compensation.

Subsequently, the parties filed a joint stipulation agreeing that Mr. Mulvihill should be awarded $225,775.97.

The court issued a decision awarding this lump sum payment to Mr. Mulvihill, representing compensation for all damages available under the Act.

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