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

Gary Schneider filed a petition for compensation under the National Vaccine Injury Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination on October 1, 2015. He stated the vaccine was administered in the United States, he experienced residual effects for more than six months, and had no prior award or settlement for this condition.

Respondent denied that the SIRVA was caused-in-fact by the vaccination. The parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it. Gary Schneider was awarded a lump sum of $45,000.00, representing compensation for all damages available under the Vaccine Act.

This amount covers all items of damages, and the parties also agreed to proceedings for attorneys' fees and costs. The stipulation included a release of claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the October 1, 2015 flu vaccination.