James Owens v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)

James Owens filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2018, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 1, 2016. The petition stated the vaccine was administered in the United States, the injury persisted for more than six months, and there had been no prior award or settlement of a civil action for damages.

Respondent denied that the flu vaccine caused the petitioner's SIRVA or that it constituted a SIRVA Table Injury. Despite these differing positions, the parties filed a joint stipulation on November 4, 2019, agreeing to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Mr. Owens was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all damages available under the program.

This amount represents a compromise of liability and damages. The stipulation also addressed future proceedings for attorneys' fees and costs.

The parties agreed that the payment would be made in accordance with 42 U.S.C. § 300aa-15(i), subject to available funds. Petitioner, on behalf of himself and his heirs, released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the November 1, 2016, flu vaccination.

The stipulation stated it was a full and complete negotiated settlement of liability and damages, except for attorneys' fees and costs, and that it was not an admission by the United States or the Secretary that the vaccine caused the alleged injury. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice.