Michael Goodin v. HHS - Influenza, right shoulder injuries (2018)

Michael Goodin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017. He alleged that he suffered right shoulder injuries resulting from an influenza vaccination he received on October 21, 2015, and that the shoulder injury and its sequelae lasted more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's shoulder injury or any other injury or his current condition. Despite this denial, on May 21, 2018, the parties filed a joint stipulation agreeing to settle the case and award compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awards Michael Goodin a lump sum of $110,000.00, payable by check to the petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a).

This amount represents compensation for his shoulder injury and sequelae. The case was treated as a Table claim.

The stipulation also addresses attorneys' fees and costs, which are to be determined in further proceedings. Petitioner, on behalf of himself and his heirs, executors, administrators, successors, or assigns, released the United States and the Secretary of Health and Human Services from any and all claims related to the influenza vaccination administered on or about October 21, 2015.

The stipulation explicitly states that it is not an admission by the United States or the Secretary that the vaccine caused the petitioner's injury. The decision directs the clerk to enter judgment in accordance with the stipulation, unless a motion for review is filed.

Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Justine Elizabeth Walters of the U.S. Department of Justice.