Richard L. Fish v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Richard L. Fish filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2017.

He claimed the injury met the Table SIRVA definition and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, initially denied that Mr.

Fish sustained a SIRVA, that the vaccine caused his injury, or that his condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision. Mr.

Fish was awarded a lump sum of $50,000.00, representing compensation for all eligible damages. The case proceeded as a Table claim, and the award was made pursuant to a settlement of liability and damages.