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

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.