Gareth Acton v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Gareth Acton filed a petition on October 25, 2018, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2017.

Mr. Acton further alleged that the vaccine was administered in the United States, that he experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. Acton sustained a SIRVA Table injury and denied that the flu vaccine caused his alleged left shoulder injuries and residual effects, or any other injury.

Despite these differing positions, the parties filed a joint stipulation on March 18, 2020, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. He awarded Gareth Acton a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all damages, including pain and suffering and lost earnings.

The decision was finalized on April 17, 2020. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.