Kevin R. Danchik v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2019)

Kevin R. Danchik filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2017.

He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 16, 2015. Mr.

Danchik further alleged that there had been no prior award or settlement of a civil action related to his alleged vaccine injury, that the vaccine was administered within the United States, and that he suffered the 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 petitioner to suffer a SIRVA or any other injury or condition.

Despite the respondent's denial, the parties filed a joint stipulation on January 23, 2019, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the Court's decision.

Pursuant to the stipulation, Kevin R. Danchik was awarded a lump sum of $80,000.00, to be paid in the form of a check payable to the petitioner.

This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on February 27, 2019.

Petitioner was represented by Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Traci R.

Patton of the U.S. Department of Justice.