Timothy Biery v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Timothy Biery filed a petition for compensation on October 17, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 11, 2016 influenza vaccination. The petition stated the vaccine was administered in the United States, that the injury had residual effects for more than six months, and that there had been no prior award or settlement for this injury.
The respondent denied that the flu immunization caused the alleged SIRVA or any other injuries. On February 12, 2019, the parties filed a joint stipulation for compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and awarded Timothy Biery a lump sum of $90,000.00 as compensation for all items of damages. The decision was issued on April 10, 2019.
Petitioner's counsel was William E. Cochran, Jr.
Respondent's counsel was Daniel Anthony Principato.
Theory of causation
Petitioner Timothy Biery alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 11, 2016 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The award was a lump sum of $90,000.00 for all items of damages. The decision date was April 10, 2019. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Daniel Anthony Principato.
Source PDFs
USCOURTS-cofc-1_17-vv-01546