Philip Crowley v. HHS - Influenza, left shoulder injury related to vaccination administration (SIRVA) (2021)

Filed 2019-07-02Decided 2021-10-06Vaccine Influenza
compensated$105,000

Case summary [AI summaries can sometimes make mistakes]

Philip Crowley filed a petition for compensation under the National Vaccine Injury Compensation Program on July 2, 2019. He alleged that he suffered a left shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 31, 2016.

The parties, Philip Crowley (Petitioner) and the Secretary of Health and Human Services (Respondent), filed a joint stipulation on August 31, 2021. In the stipulation, the parties agreed that a decision should be entered awarding compensation.

Respondent denied that the flu vaccine caused petitioner's alleged injury but agreed to settle the matter. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision, dated October 6, 2021, awarded Philip Crowley $105,000.00 as a lump sum payment, representing compensation for all items of damages.

This award was a compromise of liability and damages. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP. Respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr.

Crowley. The theory of causation is based on the influenza vaccine being on the Vaccine Injury Table.

Theory of causation

Petitioner Philip Crowley received an influenza vaccine on October 31, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). The parties filed a joint stipulation agreeing to a settlement. Respondent denied causation but agreed to the settlement. The influenza vaccine is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The award of $105,000.00 represents a compromise of liability and damages. The decision was made by Chief Special Master Brian H. Corcoran on October 6, 2021, based on the joint stipulation filed by Petitioner's counsel Maximillian J. Muller and Respondent's counsel Kyle Edward Pozza.

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