Philip Herman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Philip Herman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 29, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 9, 2017. Mr.

Herman stated that the vaccination was administered in the United States, his symptoms lasted more than six months, and no other action had been filed for his injury. The respondent, the Secretary of Health and Human Services, denied that Mr.

Herman sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 27, 2022, agreeing to an award of compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision.

Mr. Herman was awarded a lump sum of $60,317.24, payable to him, as compensation for all damages available under Section 15(a) of the Vaccine Act.

The decision was issued on June 28, 2022. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Madelyn Weeks of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.