Argelio Garcia v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Argelio Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on January 28, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 14, 2017. Mr.

Garcia stated the vaccine was administered in the United States, that his condition persisted for more than six months, and that he had not received any prior award or settlement for this injury. Respondent denied that Mr.

Garcia sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 25, 2021, agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr.

Garcia was awarded a lump sum of $15,000.00, representing compensation for all items of damages available under Section 15(a). The court directed that judgment be entered in accordance with this decision.