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

Joseph Crocker filed a petition for vaccine injury compensation on September 24, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 16, 2018. The respondent, the Secretary of Health and Human Services, denied that Mr.

Crocker sustained a SIRVA Table injury or that the vaccine caused his condition. Despite these denials, the parties filed a joint stipulation on September 22, 2021, agreeing to settle the case.

The stipulation noted that the influenza vaccine is on the Vaccine Injury Table and that Mr. Crocker alleged residual effects from his injury for more than six months.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

The decision awarded Joseph Crocker $35,550.00 as compensation for all items of damages, including pain and suffering and past out-of-pocket medical expenses. The parties also agreed to further proceedings to determine reasonable attorneys' fees and costs.

The stipulation stated that the payment would be made in a lump sum via check payable to the petitioner. The decision was issued on September 22, 2021.

Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent's counsel was Adriana Ruth Teitel of the U.S. Department of Justice.