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

Filed 2019-09-22Decided 2021-10-27Vaccine Influenza
compensated$61,000

Case summary [AI summaries can sometimes make mistakes]

Brian Valentine filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2019, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on September 26, 2016. Valentine stated the vaccine was administered in the United States and that the injury resulted in residual effects lasting more than six months.

He also affirmed that he had not received any prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Valentine'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 September 21, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. Under the terms of the stipulation, Brian Valentine was awarded a lump sum of $61,000.00, payable by check to the petitioner, as compensation for all damages.

This amount represents a compromise of the parties' respective positions on liability and damages. The decision was entered on October 27, 2021.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Amanda Pasciuto of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Brian Valentine received an influenza vaccine on September 26, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied the vaccine caused the injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $61,000.00 as compensation for all damages. The stipulation states that the flu vaccine is a "Table" vaccine. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Amanda Pasciuto. The decision date was October 27, 2021.

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