James Shinn v. HHS - Influenza, SIRVA injury to his left shoulder (2021)

Filed 2018-08-30Decided 2021-09-15Vaccine Influenza
compensated$32,000

Case summary [AI summaries can sometimes make mistakes]

Shari Gardner, as executrix of the estate of James Shinn, filed a petition alleging that Mr. Shinn suffered a shoulder injury related to vaccine administration (SIRVA) to his left shoulder following an influenza vaccine.

The petition stated that Mr. Shinn experienced residual effects for more than six months and had not received prior compensation.

Respondent denied that the flu vaccine caused the alleged shoulder injury or any other injury, and also denied that it caused his death. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it, awarding a lump sum of $32,000 to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act.

The decision was filed on September 15, 2021, following the stipulation filed on August 17, 2021, and the initial petition filed on August 30, 2018.

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