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

Filed 2016-03-07Decided 2017-08-23Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Joshua Howard filed a petition on March 7, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 30, 2014.

Mr. Howard further alleged that he experienced residual effects from this condition for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Howard's alleged SIRVA or any other injury.

Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on July 17, 2017. Special Master Brian H.

Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Mr.

Howard a lump sum of $55,000.00, payable by check, intended to compensate for all damages available under the Act. The decision noted that it was originally filed on July 17, 2017, and was designated "not to be published" but would be posted on the Court of Federal Claims' website.

The decision also stated that parties had fourteen days to request redaction of confidential information. Andrew M.

Krueger represented the petitioner, and Heather L. Pearlman represented the respondent.

Judgment was to be entered accordingly.

Theory of causation

Petitioner Joshua Howard alleged that his October 30, 2014, influenza vaccine caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed July 17, 2017, agreeing to an award of $55,000.00. Special Master Brian H. Corcoran adopted the stipulation as the decision. The public text does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the SIRVA diagnosis or its alleged link to the vaccine. The award was a lump sum of $55,000.00. The decision date was August 23, 2017. Petitioner's counsel was Andrew M. Krueger; Respondent's counsel was Heather L. Pearlman.

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