Jimmie L. Foster v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Jimmie L. Foster filed a petition for compensation under the National Vaccine Injury Compensation Program on October 17, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 19, 2015 influenza vaccination.

He claimed the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his injury. Respondent denied that Mr.

Foster sustained a SIRVA Table injury or that the flu vaccine caused his alleged shoulder injuries. Despite these positions, the parties filed a joint stipulation on June 9, 2020, agreeing to settle the case.

The court adopted the stipulation, awarding Mr. Foster $38,000.00 as compensation for all items of damages.

This amount represents a compromise of the parties' respective positions on liability and damages.