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

Filed 2018-09-05Decided 2020-10-13Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Charles Sheppard filed a petition for compensation on September 5, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 27, 2017. The respondent, the Secretary of Health and Human Services, filed a report on July 15, 2019, concluding that Mr.

Sheppard suffered a SIRVA within the Table timeframe following the influenza vaccination and conceding entitlement to compensation. On July 16, 2019, the Chief Special Master issued a ruling on entitlement finding Mr.

Sheppard entitled to compensation. On September 8, 2020, the respondent filed a proffer on award of compensation, agreeing to an award of $60,000.00, which Mr.

Sheppard accepted. The decision, dated October 13, 2020, and issued by Chief Special Master Brian H.

Corcoran, awarded Mr. Sheppard a lump sum payment of $60,000.00, representing compensation for all damages available under the Vaccine Act.

Mr. Sheppard is a competent adult.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Joseph Michael Russell of Von Briesen & Roper, S.C., and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice.

Theory of causation

Petitioner Charles Sheppard alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 27, 2017. The respondent conceded entitlement, finding the injury to be a "Table injury" within the timeframe. The Special Master's ruling on entitlement was issued on July 16, 2019. A proffer on award of compensation was filed by the respondent on September 8, 2020, agreeing to a $60,000.00 lump sum payment, which petitioner accepted. Chief Special Master Brian H. Corcoran issued the decision on October 13, 2020, awarding the $60,000.00. The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Joseph Michael Russell, and respondent by Lara Ann Englund.

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