Terry Thornton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Terry Thornton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on September 29, 2017. He stated the vaccine was administered in the United States, his injury had residual effects for more than six months, and he had not received any prior award or settlement for this condition.

Respondent denied that Mr. Thornton 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 29, 2020, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision.

He awarded Mr. Thornton a lump sum of $55,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.