Richard Bishop v. HHS - Pneumococcal, left-sided shoulder injury related to vaccine administration (SIRVA) (2020)

Richard Bishop filed a petition for compensation under the National Vaccine Injury Compensation Program on August 1, 2018, alleging he suffered a left-sided shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccine administered on October 24, 2017. He also received an influenza vaccine on the same date.

Mr. Bishop alleged that the pneumococcal vaccine caused his SIRVA and that he experienced residual effects of the injury for more than six months.

The respondent denied that the petitioner sustained a Table SIRVA within the timeframe set forth in the Table and denied that the pneumococcal immunization caused the alleged SIRVA or any other injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.

Pursuant to the stipulation, Mr. Bishop was awarded $70,000.00 in compensation, payable as a lump sum in the form of a check to the petitioner.

This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a) and is a compromise of the parties' respective positions on liability and damages. The decision was issued on February 12, 2020.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice.