Derek Saunders v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2021-03-17Decided 2021-05-10Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Derek Saunders filed a petition on March 17, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 14, 2015.

The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, both parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding the petitioner compensation.

Special Master Katherine E. Oler reviewed the file and adopted the stipulation as her decision.

The stipulation awarded Derek Saunders a lump sum of $35,000.00, payable by check, as compensation for all damages. The decision was made by stipulation on May 10, 2021.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Ronald Homer represented the petitioner, and Adriana Teitel represented the respondent.

Theory of causation

Petitioner Derek Saunders alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 14, 2015. Respondent denied a SIRVA Table injury, causation, or sequela. The parties entered into a stipulation to settle the case. Special Master Katherine E. Oler adopted the stipulation, awarding $35,000.00 in damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to settle. Petitioner counsel was Ronald Homer; respondent counsel was Adriana Teitel. Decision date was May 10, 2021.

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