Brian Van Vickle v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Brian Van Vickle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 17, 2016. He stated the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that he had no prior award or settlement for this condition.

Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current 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 court adopted the stipulation, awarding Brian Van Vickle a lump sum of $43,720.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, and the parties stipulated to the damages amount.