Gary Marco v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Gary Marco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 5, 2017. He claimed the injury met the criteria for a Table SIRVA and, in the alternative, that the vaccine caused the injury.

Respondent denied that Mr. Marco sustained a Table SIRVA injury or that the vaccine caused his condition.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Marco a lump sum of $90,825.00. This amount represents compensation for all damages available under the program.

The stipulation also addressed future proceedings for attorneys' fees and costs. Mr.

Marco released the United States and the Secretary of Health and Human Services from further claims related to this vaccination.