Carl Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (2023)
Case summary [AI summaries can sometimes make mistakes]
Carl Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 26, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 24, 2017. He claimed the effects of the injury lasted for more than six months.
Respondent denied that the injury met the forty-eight-hour onset requirement and denied that the flu vaccine caused the alleged injury. Despite these contested positions, the parties filed a joint stipulation on May 16, 2023, agreeing to settle the case.
The court adopted the stipulation, awarding Carl Johnson a lump sum of $37,500.00 as compensation for all damages available under the program. This amount represents a compromise of the parties' respective positions on liability and damages.
The case proceeded as a Table claim, as SIRVA is a condition listed on the Vaccine Injury Table for the influenza vaccine.
Source PDFs
USCOURTS-cofc-1_19-vv-01807