Bruce Yoch v. HHS - Influenza, left shoulder injury related to vaccination administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Bruce Yoch filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2019, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2017. He further alleged that the vaccination was administered in the United States and that he experienced residual effects of the injury for more than six months.
Mr. Yoch also stated that there had been no prior award or settlement of a civil action for damages on his behalf.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Yoch's alleged left shoulder injury or any other injury, and denied that he sustained a SIRVA Table injury.
Despite these positions, the parties filed a joint stipulation on November 15, 2021, agreeing to settle the case and award compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.
Yoch was awarded a lump sum of $40,750.00, payable to him by check. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.
The decision was issued on December 17, 2021. Petitioner was represented by Jeffrey A.
Golvash of GOLVASH & EPSTEIN, LLC, and respondent was represented by Alexis B. Babcock of the U.S.
Department of Justice.
Theory of causation
Petitioner Bruce Yoch filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 4, 2017. The respondent denied causation and that the injury was a SIRVA Table injury. The parties reached a joint stipulation for settlement. The case proceeded as a Table claim for SIRVA. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,750.00. The decision date was December 17, 2021. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_19-vv-00849