Ryan Faust v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Filed 2019-07-20Decided 2022-08-24Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Ryan Faust filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2019. He alleged that he received an influenza vaccine on September 11, 2017, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA).

Mr. Faust further alleged that the residual effects of this condition lasted for more than six months and that he had not received a prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. Faust sustained a SIRVA Table injury, 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 these denials, on July 19, 2022, the parties filed a joint stipulation for compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Mr.

Faust was awarded a lump sum of $80,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on August 24, 2022.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation

Petitioner Ryan Faust alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 11, 2017, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, and sequelae. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the petitioner's claim or the respondent's denials. Compensation was awarded as a lump sum of $80,000.00. The decision date was August 24, 2022. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Colleen Clemons Hartley.

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