Donald Nearing v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Filed 2018-01-12Decided 2019-12-05Vaccine Influenza
compensated$22,500

Case summary [AI summaries can sometimes make mistakes]

Donald Nearing filed a petition for vaccine compensation on January 12, 2018, alleging he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on or about February 22, 2016. He also received a pneumococcal vaccine on April 14, 2016.

Mr. Nearing alleged that his shoulder and arm symptoms began within 48 hours of the influenza vaccination and persisted for more than six months.

The respondent denied that Mr. Nearing sustained a Table SIRVA injury or that the vaccines caused his injury.

Despite these denials, the parties filed a joint stipulation on September 30, 2019, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation, awarding Mr. Nearing $22,500.00 as compensation for all damages.

This amount represents a compromise of the parties' positions on liability and damages. The stipulation also addressed future proceedings for attorneys' fees and costs.

Petitioner was represented by Brian Burchett of Burchett Law Firm, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice.

Theory of causation

Petitioner Donald Nearing received an influenza vaccine on or about February 22, 2016, and a pneumococcal vaccine on April 14, 2016. Petitioner alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with onset within 48 hours of the influenza vaccine and residual effects lasting over six months. Respondent denied a Table SIRVA injury or vaccine causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $22,500.00 as compensation for all damages, representing a compromise of liability and damages. Petitioner was represented by Brian Burchett, and respondent by Robert Paul Coleman, III. The decision was issued on December 5, 2019.

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