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

Anthony Sherwood filed a petition on October 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine received on October 18, 2018, caused a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 11, 2021, conceding that Mr. Sherwood's injury was consistent with SIRVA, that no other cause was identified, and that he met the statutory requirement of having the condition for more than six months.

The respondent also agreed that damages should be limited to the SIRVA and resulting sequela. On June 7, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Mr. Sherwood entitled to compensation based on the respondent's concession and the evidence of record.

Subsequently, on January 13, 2022, the respondent filed a proffer on the award of compensation. The proffer proposed an award of $75,000.00 for pain and suffering, $800.60 to satisfy a California Medicaid lien, and $16.41 to satisfy a Texas Medicaid lien.

The petitioner agreed with the proffered award. On February 14, 2022, Chief Special Master Brian H.

Corcoran issued a decision awarding compensation totaling $75,817.01, consisting of a lump sum payment of $75,000.00 to Mr. Sherwood, a lump sum payment of $800.60 payable jointly to Mr.

Sherwood and the State of California for the Medicaid lien, and a lump sum payment of $16.41 payable jointly to Mr. Sherwood and TMHP-Medicaid for the Texas Medicaid lien.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner's counsel was David John Carney of Green & Schafle LLC, and respondent's counsel was Martin Conway Galvin of the U.S.

Department of Justice.