Dwayne Palacio v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Dwayne Palacio filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2019. He alleged that after receiving an influenza vaccine on November 17, 2017, he suffered a left shoulder injury related to vaccine administration (SIRVA).

Mr. Palacio claimed the injury was either a Table injury or was caused by the vaccine, and that he experienced residual effects for more than six months.

The respondent denied that Mr. Palacio sustained a SIRVA Table injury or that his condition was a sequelae of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on December 2, 2020, 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 Mr.

Palacio a lump sum of $45,000.00, payable by check to the Petitioner, as compensation for all eligible damages. The decision directed the clerk of the court to enter judgment accordingly.

Petitioner's counsel was Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent's counsel was Linda Sara Renzi of the U.S. Department of Justice.