James Gilmer v. HHS - Influenza, left shoulder injury (2018)

James Gilmer filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2016, alleging that he suffered a left shoulder injury as a result of receiving an Influenza vaccine on October 22, 2015. The petition stated that the vaccine was administered in the United States, that the injury's effects lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages related to the condition.

The respondent denied that the flu vaccine caused Mr. Gilmer's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on March 5, 2018, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, James Gilmer was awarded a lump sum of $65,000.00, payable by check to him. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision was issued on June 6, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.

Joseph Alexander Vuckovich represented the petitioner, and Mallori Browne Openchowski represented the respondent.