Mark DeMartini v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Mark DeMartini filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on December 19, 2016. He also received a pneumococcal polysaccharide vaccine on the same day.

Mr. DeMartini claimed the injury caused residual effects lasting more than six months.

The respondent initially denied that Mr. DeMartini sustained a SIRVA Table injury or that the vaccine caused his condition.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr.

DeMartini a lump sum of $40,000.00 for all items of damages. This award represents a compromise of the parties' respective positions on liability and damages, and the case was resolved through this stipulation rather than a contested hearing.