Joseph Davis v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2020)

Joseph Davis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 26, 2016. He stated the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that he had not received any prior award or settlement for this condition.

Respondent denied that Mr. Davis sustained a SIRVA Table injury and denied that his alleged shoulder injury and its residual effects were caused-in-fact by the flu vaccine, also denying any other injury caused by the vaccine.

Despite these denials, the parties filed a joint stipulation on July 15, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision.

Mr. Davis was awarded a lump sum of $42,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.