Duane Hutton v. HHS - Pneumococcal, left SIRVA (2020)

Duane Hutton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) on December 8, 2017, caused by a Prevnar 13 vaccination. He stated the vaccine was administered in the United States, he sustained a SIRVA within the Table's time period, experienced residual effects for more than six months, and had no prior award or settlement for this condition.

Respondent denied that Mr. Hutton sustained a SIRVA Table injury or that his condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation, awarding Mr.

Hutton a lump sum of $28,000.00 for all items of damages available under the Vaccine Act. This award represents a settlement of liability and damages, with the understanding that it is not an admission by the United States that the vaccine caused the injury.