James Dwyer v. HHS - Influenza, vaccine-induced nerve injury in his right arm (2019)

James Dwyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his November 17, 2014 influenza vaccine caused a vaccine-induced nerve injury in his right arm. He stated the vaccine was administered in the United States and that he suffered residual effects for more than six months, with no prior award or settlement.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Dwyer's injury.

Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the court.

Mr. Dwyer was awarded a lump sum of $55,000.00, representing compensation for all damages available under the Vaccine Act.

This amount was to be paid via check to Mr. Dwyer.

The decision noted that the flu vaccine is contained in the Vaccine Injury Table, implying a Table claim. The case was resolved via stipulation, settling liability and damages.