Richard Weatherly v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Richard Weatherly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 17, 2016. He stated the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that he had not received any prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that Mr. Weatherly sustained a SIRVA Table injury or that his current condition was a sequelae of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court found the stipulation reasonable and adopted it as its decision.

Mr. Weatherly was awarded a lump sum of $72,500.00, representing compensation for all damages available under the Vaccine Act.

This award was for pain and suffering and covered all items of damages. The decision was entered on July 21, 2020, based on the joint stipulation filed on June 16, 2020.