William Dye v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)

William Dye filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016. He alleged that he suffered injuries causally related to a seasonal influenza vaccination he received on November 30, 2015.

His alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). Mr.

Dye stated that he received the influenza vaccine in the United States, that the effects of his injuries lasted for more than six months, and that neither he nor any other party had filed a civil action or received compensation for his alleged vaccine-caused injuries. The respondent denied that the petitioner's alleged injury was caused-in-fact by his flu vaccination and denied that the vaccine caused any other injury or his current condition.

Despite the respondent's denial, on May 23, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Mr. Dye was awarded a lump sum of $82,000.00, payable by check to the petitioner.

This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on December 18, 2017.

Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher & Toale, PA, and respondent was represented by Alexis Babcock of the U.S. Department of Justice.