Timothy Flaig v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Timothy Flaig filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on December 23, 2015.
Mr. Flaig further alleged that he experienced residual effects of his injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Flaig's alleged SIRVA and residual effects.
The parties filed a joint stipulation on October 23, 2018, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation.
As compensation for all damages, Mr. Flaig was awarded a lump sum of $70,000.00, payable by check to him.
This decision was entered on December 12, 2018. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Voris Edward Johnson of the U.S.
Department of Justice. The flu vaccine is listed on the Vaccine Injury Table.
Theory of causation
Timothy Flaig received an influenza vaccine on December 23, 2015. He alleged he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) and experienced residual effects for more than six months, which he claimed were caused-in-fact by the vaccine. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The flu vaccine is listed on the Vaccine Injury Table. The case was resolved via stipulation, with no specific medical experts or detailed causation theories presented in the public text. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $70,000.00 for all damages. The decision date was December 12, 2018. Petitioner's counsel was Danielle Strait, and respondent's counsel was Voris Edward Johnson.
Source PDFs
USCOURTS-cofc-1_17-vv-01342