Eric Larson v. HHS - Influenza, right shoulder injury related to vaccine administration (2020)

Eric Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 29, 2018, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 18, 2016. Petitioner stated the vaccine was administered in the United States, that he experienced symptoms of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages.

Respondent denied that petitioner sustained a SIRVA Table injury and denied that the alleged shoulder injury and its residual effects were caused-in-fact by the flu vaccine. Respondent further denied that the flu vaccine caused petitioner any other injury or his current condition.

Despite these denials, the parties filed a joint stipulation on March 30, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.

Larson was awarded a lump sum of $36,380.02, payable to him, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on May 1, 2020.

Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Larson.