Todd Garrison v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Todd Garrison filed a petition on June 3, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, as a result of an influenza vaccination he received on September 12, 2018.
Mr. Garrison claimed that the vaccine was administered in the United States and that he experienced residual effects of the injury for more than six months.
He also stated that there had been no prior award or settlement of a civil action for his injury. The respondent, the Secretary of Health and Human Services, denied that Mr.
Garrison suffered a Table injury for SIRVA, denied that the vaccine caused or significantly aggravated his alleged injury or any other injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on April 13, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
The decision awarded Todd Garrison a lump sum of $40,538.50. This amount included $40,000.00 for past pain and suffering damages and $538.50 for past unreimbursed expenses.
The decision was finalized on April 13, 2021. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Darryl R. Wishard of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
The mechanism of injury is not detailed in the public decision, other than it being alleged as a SIRVA.
Source PDFs
USCOURTS-cofc-1_19-vv-00811