Joseph Diaz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On August 3, 2017, Joseph Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr.

Diaz alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his influenza vaccination on November 3, 2016. He further claimed that he experienced residual effects of this condition for more than six months and that there had been no prior award or settlement for damages resulting from his condition.

The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the alleged SIRVA or any other injuries. Despite the respondent's denial, the parties filed a joint stipulation for compensation on December 19, 2018.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr.

Diaz was awarded a lump sum of $95,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the program.

The decision was entered on February 6, 2019. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.