Daniel E. Bragg v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Daniel E. Bragg filed a petition on June 22, 2018, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the influenza vaccine on September 28, 2017. Mr.

Bragg further stated that he had not received any prior award or settlement from a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that Mr.

Bragg's alleged SIRVA began within the timeframe specified by the Vaccine Injury Table, denied that the flu vaccine caused his shoulder injury or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on December 28, 2020.

Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Mr. Bragg was awarded a lump sum of $126,539.18, payable by check to the petitioner.

This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was entered on December 28, 2020.

The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, treatments received, or the names of any medical experts consulted by either party. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.