Edward McMahon v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Edward McMahon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 1, 2014. He claimed to have received the vaccination in the United States and that the residual effects of his injury lasted for more than six months.

Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. McMahon's left shoulder pain or any other injury.

Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding Mr.

McMahon a lump sum payment of $70,000.00 for pain and suffering and an additional $1,457.60 to satisfy a Medicaid lien. This total award of $71,457.60 represents compensation for all items of damages available under the Vaccine Act.

The decision was based on the joint stipulation of the parties.