Emory Newsome v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Emory Newsome filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 10, 2015. The petition stated that the vaccination was administered in the United States, that his symptoms had continued for more than six months, and that he had not previously received compensation or filed a civil action.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner to suffer a SIRVA or any other injury. Despite the denial, on April 13, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Emory Newsome was awarded a lump sum of $60,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on August 21, 2018. Petitioner's counsel was John Robert Howie of Howie Law, PC.

Respondent's counsel was Sarah Christina Duncan of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner. The specific mechanism of injury is also not detailed in the public decision.