William Forney v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2021)

Filed 2019-09-25Decided 2021-11-16Vaccine Influenza
compensated$85,000

Case summary [AI summaries can sometimes make mistakes]

William Forney filed a petition on September 25, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered left shoulder injuries related to vaccine administration, commonly known as SIRVA, as a result of an influenza (flu) vaccination he received on November 3, 2017.

Mr. Forney stated that the vaccination was administered in the United States, his symptoms persisted for more than six months, and 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 Mr. Forney's injury or that it constituted a SIRVA Table injury.

Despite the respondent's denial, the parties filed a joint stipulation on November 15, 2021, agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded William Forney a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all items of damages.

The decision was issued on November 16, 2021. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received.

The names of petitioner's counsel were Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Mollie Danielle Gorney of the U.S.

Department of Justice.

Theory of causation

Petitioner William Forney alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 3, 2017. The respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $85,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. The theory of causation is based on the "Table" category of injuries under the Vaccine Act, as indicated by the SIRVA classification. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Mollie Danielle Gorney. The decision was issued on November 16, 2021.

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