William Orth v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

William Orth filed a petition on February 25, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2017.

Mr. Orth stated that the vaccine was administered in the United States, that he experienced residual effects from the injury for more than six months, and that no civil action had been filed nor compensation received for his alleged vaccine-caused injuries.

The respondent denied that Mr. Orth sustained a SIRVA Table injury, denied that the flu 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 these denials, on September 23, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded William Orth a lump sum of $70,000.00, payable by check to the Petitioner, as compensation for all items of damages.

The decision was issued on September 23, 2020. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Debra A.

Filteau Begley of the U.S. Department of Justice.