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

On May 15, 2018, Jeffrey Strain filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 27, 2016. Mr.

Strain alleged that the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that Mr.

Strain sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injuries 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 30, 2019, agreeing that a decision should be entered awarding compensation.

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.

Strain was awarded a lump sum of $115,707.14, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act.

The stipulation also noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs. The petitioner, through his counsel Danielle Anne Strait of Maglio Christopher & Toale, released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury resulting from the flu vaccination.

The respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.