Scott Swailes v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2017-09-06Decided 2023-07-13Vaccine Influenza
compensated$9,750

Case summary [AI summaries can sometimes make mistakes]

Scott Swailes filed a petition for compensation under the National Vaccine Injury Compensation Program on September 6, 2017, alleging that he developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2015. The respondent, the Secretary of Health and Human Services, denied that the immunization caused the petitioner's injury.

Despite the denial, the parties reached a settlement agreement. On July 13, 2023, they filed a joint stipulation outlining the terms of the settlement.

The court adopted this stipulation. As compensation for all available damages, Mr.

Swailes was awarded a lump sum of $9,750.00, payable by check to him. The decision was issued by Special Master Mindy Michaels Roth.

The public decision does not describe the specific onset of symptoms, clinical details, or any expert testimony presented.

Theory of causation

Petitioner Scott Swailes alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2015. The respondent denied causation. The parties reached a joint stipulation to settle the case, and Special Master Mindy Michaels Roth adopted the stipulation, awarding a lump sum of $9,750.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Danielle Strait, and respondent counsel was Colleen Hartley. The decision was filed on July 13, 2023.

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