James D. Daughtery v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
James D. Daughtery filed a petition on January 22, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 2, 2017.
He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for this condition. Respondent denied that Mr.
Daughtery sustained SIRVA, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on September 9, 2020, agreeing that compensation should be awarded.
The court found the stipulation reasonable and adopted it as its decision. Mr.
Daughtery was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_19-vv-00116