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

Filed 2019-07-18Decided 2021-07-01Vaccine Influenza
compensated$40,454

Case summary [AI summaries can sometimes make mistakes]

David Epperson filed a petition for vaccine compensation alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 2, 2017. He stated the vaccine was administered in the United States, that his condition had residual effects for more than six months, and that he had not received any prior award or settlement for this condition.

Respondent denied that Mr. Epperson sustained a SIRVA Table injury, denied that the influenza vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. The court adopted the stipulation, awarding Mr.

Epperson a lump sum of $40,454.55. This amount represents compensation for all damages available under the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the influenza vaccination.

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