Philip Yeakel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Philip Yeakel filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 10, 2016. He further alleged that the effects of this injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Yeakel 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 August 20, 2019, agreeing to settle the issues between them. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Mr. Yeakel was awarded a lump sum of $60,000.00, payable to him, as compensation for all damages.

The stipulation also outlined procedures for awarding reasonable attorneys' fees and costs, and included a release of claims by the petitioner against the United States and the Secretary of Health and Human Services for any and all actions related to the alleged injury from the flu vaccination administered on October 10, 2016. The decision was issued on August 20, 2019.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.